J o u r n a l o f t h e S e n a t e
SIXTY-FIRST DAY
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SENATE CHAMBER, TOPEKA,
KANSAS
Friday, April 11, 1997--10:00 a.m.
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
The pace is getting faster now,
So much to think about.
There is no doubt we need you, Lord,
To quickly help us out.
When there is so much going on
And our bodies getting tired,
We could use Your strength, O God,
To get supernaturally ``wired''.
Bills are going back and forth
Between the House and Senate;
By the time a bill has made the rounds,
It's hard to tell what's in it.
Conference Committees meet and meet
To work out a compromise.
Help our minds to stay alert
And not to fossilize.
Don't let our fuses get too short
And may we not forget to laugh.
It will keep our friendships all intact,
And postpone our epitaph!
I pray in Jesus' Name,
AMEN
PRESENTATION OF PETITIONS
The following petitions were presented, read and filed:
SP 66, by Senator Lana Oleen: a petition opposing any and all
legislation currently pend ing in the Kansas Legislature which would allow
the carrying of concealed weapons, signed by Donald Kropf and 7 others in the
Manhattan, Kansas area.
SP 67, by Senator Janice Hardenburger: a petition opposing House Bill
2174, concerning lotteries; providing for the operation of certain
state-owned and operated lottery games at certain racetrack facilities;
providing for disposition of revenues from such games; prohib iting certain
acts and providing penalties for violations, signed by Edna Hatfield and 21
other citizens of northeast Kansas.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committee as indicated:
April 11, 1997 643
Ways and Means: HB 2351, 2390.
CHANGE OF REFERENCE
The President withdrew HB 2462 from the Committee on Commerce, and
referred the bill to the Committee on Ways and Means.
MESSAGE FROM THE GOVERNOR
April 9, 1997
Message to the Senate of the State of Kansas:
Enclosed herewith is Executive Order No. 97-5 for your information.
Bill Graves
Governor
The President announced Executive Order No. 97-5, regarding the offer of
reward of five thousand dollars for information leading to the arrest and
conviction of the murderer or muderers of Roger D. Kent, is on file in the
office of the Secretary of the Senate and available for review at anytime.
SB 12, 27, 61, 66, 82, 93, 123, 152, 186, 188, 227, 237, 244, 280, 282,
302 approved on April 10, 1997.
COMMUNICATIONS FROM STATE OFFICERS
OFFICE OF THE ATTORNEY GENERAL
April 10, 1997
Carla J. Stovall, Attorney General, submitted a request for the withdrawal
of consideration for confirmation by the Senate the appointment of Carrie
Jones to the Crime Victims Com pensation Board, pursuant to K.S.A. 74-7303.
The President announced the above letter is on file in the office of the
Secretary of the Senate and is available for review at any time.
MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on SB 145.
The House adopts the conference committee report on SB 146.
The House adopts the conference committee report on SB 165.
The House adopts the conference committee report on Senate Substitute
for HB 2166.
The House adopts the conference committee report on HB 2226.
The House adopts the conference committee report on Senate Substitute
for HB 2272.
The House adopts the conference committee report on HB 2255.
The House concurs in Senate amendments to HB 2056 and requests the
Senate to return the bill.
Announcing, the House adopts the conference committee report on SB 17.
The House adopts the conference committee report on Senate Substitute
for HB 2160.
The House adopts the conference committee report on HB 2303.
The House adopts the conference committee report on HB 2218.
The House adopts the conference committee report on HB 2219.
The House accedes to the request of the Senate for a conference on
House Substitute for SB 69 and has appointed Representatives Kejr,
Weber and McKechnie as conferees on the part of the House.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Bleeker moved the Senate concur in house amendments to SB
234.
Senator Oleen offered a substitute motion to postpone to day certain
(Wednesday, April 30, 1997) the motion to concur.
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 21, nays 18, present and passing 0; absent
or not voting 1.
Yeas: Barone, Becker, Biggs, Bond, Corbin, Downey, Emert, Feleciano, Gooch,
Goodwin, Hensley, Karr, Kerr, Langworthy, Lee, Oleen, Petty, Praeger, Ranson,
Salisbury, Steineger.
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Nays: Bleeker, Brownlee, Clark, Donovan, Gilstrap, Hardenburger,
Harrington, Huel skamp, Jordan, Lawrence, Morris, Pugh, Salmans, Schraad,
Steffes, Tyson, Umbarger, Vidricksen.
Absent or not voting: Jones.
The motion carried, and SB 234 remains in conference, and the motion
to concur in house amendments is postponed to April 30, 1997.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 145, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
On page 7, in line 4, by striking ``or transmitting''; in line 15,
following the period, by inserting ``Any voted ballot may be transmitted to
the county election officer by the voter or by another person upon request of
the voter.''; in line 19, by striking all following ``mark ing''; in line 20,
by striking ``transmitting''; in line 31, by striking ``or transmitting'';
On page 8, in line 38, by striking all following ``officer''; in line 39,
by striking all before the period and inserting ``upon request of advance
voting voters'';
On page 13, by striking all in line 29;
On page 15, in line 29, following ``K.S.A.'' by inserting ``Supp.'';
And your committee on conference recommends the adoption of this report.
Deena Horst
Kent Glasscock
Gwen Welshimer Conferees on part of House Janice L. Hardenburger
Rich Becker
U. L. Gooch Conferees on part of Senate Senator Hardenburger moved the
Senate adopt the Conference Committee report on SB 145.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent
or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Nays: Petty.
Absent or not voting: Jones.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 146, submits the following report:
The House recedes from all of its amendments to the bill, and your
committee on con ference further agrees to amend the bill, as printed with
Senate Committee amendments, as follows:
On page 1, in lines 20 and 31, by striking ``may'' and inserting ``shall'';
And your committee on conference recommends the adoption of this report.
Joann Flower
John D. Ballou
Galen Weiland Conferees on part of House
April 11, 1997 645
Janice L. Hardenburger
Rich Becker
U. L. Gooch Conferees on part of Senate Senator Hardenburger moved the
Senate not adopt the Conference Committee report on SB 146, and a new
conference committee be appointed.
The President appointed Senators Hardenburger, Becker and Gooch as a second
confer ence committee on the part of the Senate on SB 146.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 165, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
On page 11, in line 31, before ``K.S.A.'' by inserting ``On July 1,
1997,'';
On page 12, in line 2, after ``health'' by inserting ``and safety''; in
line 9, after ``health'' by inserting ``and safety'';
On page 13, in line 1, after ``health'' by inserting ``and safety'';
On page 16, in line 3, by striking ``65-1904,''; following line 3, by
inserting the following:
``Sec. 8. On July 1, 1997, K.S.A. 1996 Supp. 65-1904 is hereby
repealed.'';
And by renumbering the remaining section accordingly;
Also on page 16, in line 5, by striking ``statute book'' and inserting
``Kansas register'';
On page 1, in the title, in line 12, by inserting after ``health'' the
following: ``and safety'';
And your committee on conference recommends the adoption of this report.
Carlos Mayans
Jim Morrison
Jerry Henry Conferees on part of House Sandy Praeger
Janice L. Hardenburger
Chris Steineger Conferees on part of Senate Senator Praeger moved the
Senate adopt the Conference Committee report on SB 165.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent
or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jordan, Karr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Nays: Kerr.
Absent or not voting: Jones.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2064, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with Senate
Committee of the Whole amendments, as follows:
On page 2, in line 3, by striking ``(d)'' and inserting ``(c)''; by
striking all in lines 6 through 15; by relettering subsections accordingly;
by striking all in lines 32 through 43;
On page 3, by striking all in lines 1 through 4;
On page 5, following line 19, by inserting:
``New Sec. 4. (a) The provisions of this section shall apply to:
(1) The governor;
646 JOURNAL OF THE SENATE
(2) the lieutenant governor;
(3) the governor's spouse;
(4) all classified employees in the civil service of the state of Kansas;
(5) all unclassified employees in the executive branch of state government
whose com pensation is subject to approval by the governor pursuant to K.S.A.
75-2935b, and amend ments thereto; and
(6) all members of boards, commissions and authorities of the executive
branch of state government.
(b) No person subject to the provisions of this section shall solicit or
accept any gift, economic opportunity, loan, gratuity, special discount or
service provided because of such person's official position, except:
(1) A gift having an aggregate value of less than $40 given at a ceremony
or public function where the person is accepting the gift in such person's
official capacity; or
(2) gifts from relatives or gifts from personal friends when it is obvious
to the person that the gift is not being given because of the person's
official position; or
(3) anything of value received by the person on behalf of the state that
inures to the benefit of the state or that becomes the property of the state;
or
(4) contributions solicited on behalf of a nonprofit organization which is
exempt from taxation under paragraph (3) of subsection (c) of section 501 of
the internal revenue code of 1986, as amended.
(c) No person subject to the provisions of this section shall solicit or
accept free or special discount meals from a source outside of state
government, except:
(1) Meals, the provision of which is motivated by a personal or family
relationship or provided at events that are widely attended. An occasion is
``widely attended'' when it is obvious to the person accepting the meal that
the reason for providing the meal is not a pretext for exclusive or nearly
exclusive access to the person;
(2) meals provided at public events in which the person is attending in an
official ca pacity;
(3) meals provided to a person subject to this act when it is obvious such
meals are not being provided because of the person's official position; and
(4) food such as soft drinks, coffee or snack foods not offered as part of
a meal.
(d) No person subject to the provisions of this section shall solicit or
accept free or special discount travel or related expenses from a source
outside state government, except:
(1) When it is obvious to the person accepting the same that the free or
special discount travel and related expenses are not being provided because
of the person's official position; or
(2) when the person's presence at a meeting, seminar or event serves a
legitimate state purpose or interest and the person's agency authorizes or
would authorize payment for such travel and expenses.
(e) No person subject to the provisions of this section shall solicit or
accept free or special discount tickets or access to entertainment or
sporting events or activities such as plays, concerts, games, golf, exclusive
swimming, hunting or fishing or other recreational activities when the free
or special discount tickets or access are provided because of the person's
official position. The provisions of this subsection shall not apply to
persons whose official position requires or obliges them to be present at
such events or activities.
(f) (1) Violations of the provisions of this section by any classified
employee in the civil service of the state of Kansas shall be considered
personal conduct detrimental to the state service and shall be a basis for
suspension, demotion or dismissal, subject to applicable state law.
(2) Violations of the provisions of this section by any unclassified
employee whose com pensation is subject to be approved by the governor
pursuant to K.S.A. 75-2935b, and amendments thereto, shall subject such
employee to discipline up to and including termi nation.
(3) In addition to the penalty prescribed under paragraphs (1) and (2),
the commission on governmental standards and conduct may assess a civil fine,
after proper notice and an opportunity to be heard, against any person for a
violation of this section, in an amount not to exceed $5,000 for the first
violation, not to exceed $10,000 for the second violation and
April 11, 1997 647
not to exceed $15,000 for the third violation and for each subsequent
violation. All fines assessed and collected under this section shall be
remitted to the state treasurer. Upon receipt thereof, the state treasurer
shall deposit the entire amount in the state treasury and credit it to the
Kansas commission on governmental standards and conduct fee fund.'';
Also on page 5, in line 20, by striking ``46-232,'';
In the title, by striking all in line 16 and inserting ``amending K.S.A.
46-267 and 46-269 and'';
And your committee on conference recommends the adoption of this report.
Janice L. Hardenburger
Rich Becker
U. L. Gooch Conferees on part of Senate Robert Tomlinson
Ted Powers
Gwen Welshimer Conferees on part of House Senator Hardenburger moved the
Senate adopt the Conference Committee report on HB 2064.
Senator Hensley offered a substitute motion to not adopt the conference
committee report and a new conference committee be appointed.
Upon the showing of five hands a roll call was requested.
On roll call, the vote was: Yeas 14, nays 25, present and passing 0; absent
or not voting 1.
Yeas: Barone, Biggs, Corbin, Downey, Feleciano, Gilstrap, Gooch, Goodwin,
Hensley, Huelskamp, Karr, Lee, Petty, Steineger.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Donovan, Emert, Hardenburger,
Har rington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Sal isbury, Salmans, Schraad, Steffes, Tyson, Umbarger,
Vidricksen.
Absent or not voting: Jones.
The substitute motion failed and the Senate returned to consideration of
the conference committee report on HB 2064.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent
or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Absent or not voting: Jones.
The Conference Committee report was adopted.
CONFIRMATION OF APPOINTMENTS
In accordance with Senate Rule 56, the following appointments, submitted by
the Gov ernor to the senate for confirmation, were considered.
Senator Emert moved the following appointments be confirmed as recommended
by the Standing Senate Committees:
On appointment to the:
State Board of Regents:
Harry Craig, Jr., term expires January 15, 2001
The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Absent or not voting: Jones.
648 JOURNAL OF THE SENATE
The appointment was confirmed.
On appointment to the:
State Board of Regents:
Sidney T. Warner, term expires January 15, 2001
The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Absent or not voting: Jones.
The appointment was confirmed.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Morris introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1854--
A RESOLUTION congratulating and commending Norman Staats of Garden City upon
30 years of service to the sport of rodeo, on the occasion of the 30th Annual
Garden City Community College (GCCC) Intercollegiate Rodeo.
WHEREAS, Norman Staats has served on the agricultural and technical faculty
at Gar den City Community College, and as a member of the community of Garden
City, for more than 30 years, dedicating his professional career not only to
the learning of his students, but also to the sport of rodeo; and
WHEREAS, Norman Staats has consistently been the primary force behind the
GCCC Intercollegiate Rodeo for the past 30 years, providing the opportunity
for thousands of young men and women from hundreds of communities to
participate in arena competition; and
WHEREAS, The leadership of Norman Staats in guiding his rodeo team and club
mem bers, and his students, represents an incalculable service which has
directly or indirectly touched the lives of thousands of people; and
WHEREAS, Norman Staats leads and teaches by example, applying his own brand
of understanding with a high level of concern and professionalism; and
WHEREAS, The success of the collegiate-level rodeo program in Garden City
and Southwest Kansas is due in large measure to the ongoing efforts, tireless
dedication and selfless determination of Norman Staats; and
WHEREAS, The dates of April 18, 19 and 20, 1997, mark the 30th anniversary
of the Garden City Community College Intercollegiate Rodeo: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That Norman
Staats be commended and honored for his accomplishments and service, for his
contributions to the lives of those he has taught and coached in the
classroom and in the rodeo arena, and for the attainment of a 30-year record
of successful collegiate rodeos in Garden City; and
Be it further resolved: That the Secretary of the Senate be directed
to send enrolled copies of this resolution to Dr. James Tangeman, president
of Garden City Community College, 801 Campus Drive, Garden City, Kansas
67846, the Kansas Association of Com munity Colleges, 700 SW Jackson, Ste.
401, Topeka, Kansas 66603-3757, and the National Intercollegiate Rodeo
Association, 1815 Portland, Ste. 3, Walla Walla, Washington 99362.
On emergency motion of Senator Morris SR 1854 was adopted
unanimously.
Senators Emert and Umbarger introduced the following Senate resolution,
which was read:
SENATE RESOLUTION No. 1855--
A RESOLUTION congratulating and commending the Bethel African
Methodist Episcopal (AME) Church of Coffeyville.
WHEREAS, The Bethel AME Church of Coffeyville has been placed on the
National Register of Historic Places and the Register of Historic Kansas
Places and was the featured item in the Kansas Preservation Magazine for
May-June 1996; and
April 11, 1997 649
WHEREAS, Vergie Brown, a long-time resident of Coffeyville and an active
sixty-year member of the Bethel AME Church, initiated the nominations for
recognition of the church; and
WHEREAS, The Bethel AME Church was organized in 1879 and originally
occupied a twenty by twenty-six foot frame building, which was replaced in
the early 1900's by a larger concrete and brick structure. The church was the
center of most black cultural and social as well as religious activities for
many years; and
WHEREAS, Additions and improvements were made through the years to provide
for today's impressive and functional structure; and
WHEREAS, The church will celebrate on May 25 its historical designations
along with the burning of the church note and the 118th anniversary of the
church: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we
congratulate and commend the Bethel AME Church of Coffeyville upon its
historic past and wish it great success in the future; and
Be it further resolved: That the Secretary of the Senate be directed
to provide an en rolled copy of this resolution to the Rev. Cornelius N.
Austin, Jr., Sr. Pastor, Bethel AME Church, 202 West Twelfth, P.O. Box 66,
Coffeyville, KS 67337.
On emergency motion of Senator Emert SR 1855 was adopted unanimously.
Senator Brownlee introduced the following Senate resolution, which was
read:
SENATE RESOLUTION No. 1856--
A RESOLUTION congratulating and commending the Olathe South High School boys
basketball team and Coach John McFall for winning the 1997 Class 6A State
Basketball Championship in Kansas.
WHEREAS, The Olathe South High School boys basketball team won the 1997
Kansas State High School Activities Association Class 6A State Basketball
Championship at Emporia on March 15, 1997; and
WHEREAS, Olathe South won the state championship with a thrilling 61-53
victory over Leavenworth High School in the state championship game; and
WHEREAS, The Olathe South High School ``Falcons'' basketball team finished
the sea son with a 22-3 record; and
WHEREAS, The members of this outstanding basketball team have received
statewide recognition for their fine sportsmanship and athletic abilities;
and
WHEREAS, The success of this team is due to excellent teamwork, strong
competitive spirit and determination to win, and the enthusiastic support of
the school's administrators, the faculty, the students, the players' parents
and the citizens of this proud community: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Olathe
South High School boys basketball team and Coach McFall be congratulated and
commended for winning the 1997 Kansas State High School Activities
Association Class 6A State Basketball Champi onship; and
Be it further resolved: That the Secretary of the Senate be directed
to send enrolled copies of this resolution to Dr. Ron Wimmer, Supt., Olathe
District Schools, 14160 Blackbob Rd., Olathe, KS 66062 and Coach John McFall,
Olathe South High School, 1640 E. 151st St., Olathe, KS 66062.
On emergency motion of Senator Brownlee SR 1856 was adopted
unanimously.
Senators Petty, Hensley and Salisbury introduced the following Senate
resolution, which was read:
SENATE RESOLUTION No. 1857--
A RESOLUTION congratulating and commending the Porubsky family
for 50 years' operation of the Porubsky Grocery and Deli.
WHEREAS, Catherine Porubsky and Charles W. Porubsky, mother and son,
started the Porubsky's Grocery and Meat Company and officially opened on
January 1, 1947; and
WHEREAS, They were located, and are still located, at 508 NE Sardou,
Topeka, Kansas (an area of the city still known as little Russia). The
building had been there for about 25
650 JOURNAL OF THE SENATE
years before they purchased it, built by John Kaberline (Lydia Porubsky's
father) and op erated as a grocery store by P.J. Melchior; and
WHEREAS, Charles Porubsky, then 25 years old, took over the grocery store
and started this small family business. Sometimes nearby workers would come
in at noontime for a beer and would buy crackers or other items for their
lunch, so Charles and his mother, Katie, decided to accommodate them by
turning the garage on the side of the building into a little dining room,
which is still where he serves his sandwiches and chili and beverages; and
WHEREAS, The store has not been open continually since 1947. About a year
after he opened the lunchroom in 1950, the 1951 flood wiped out the business.
Porubsky spent eight months of his own labor and many friends helping to
restore the building. Fire also destroyed the inside of the store in 1967 and
it had to be rebuilt by friends and family; and
WHEREAS, Charles and Lydia Porubsky have five children, eight grandchildren
and four great grandchildren; and
WHEREAS, Along the way, the store has always been run by family. All five
of Charles and Lydia's children have worked there through the years, but
Charlie Porubsky Jr. is the only child that has stayed on to help his
parents. Many nieces helped when they were in their teens and all their
grandchildren have worked through the years; and
WHEREAS, The store is nationally known. Articles have been in magazines and
papers throughout the United States, mostly talking about their famous
``chili and hot pickles''; and
WHEREAS, A celebration of their 50 years in business is planned for
Saturday, April 19, 1997, at the American Legion Hall, 3029 NW Highway 24,
from 6:30 to 10:30 p.m.: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we
congratulate and commend the Porubsky family for 50 years' operation of the
Porubsky Grocery and Deli and the fame it has brought to the city of Topeka;
and
Be it further resolved: That the Secretary of the Senate be directed
to provide an en rolled copy of this resolution to Charles and Lydia
Porubsky, 508 NE Sardou, Topeka, KS 66608.
On emergency motion of Senator Petty SR 1857 was adopted unanimously.
Senators joined Senator Petty in welcoming members of the Porubsky family
to the Senate and congratulated and commended them for 50 years' operation of
the Porubsky Grocery and Deli and the fame it has brought to the city.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3
constitutional majority, and SCR 1613; HB 2497 were advanced to Final
Action, subject to amendment, debate and roll call.
SCR 1613, A concurrent resolution establishing a task force on
long-term care services to study services provided by the public and private
sector to citizens of the state and laws and rules and regulations relating
to such services, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent
or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Absent or not voting: Jones.
The resolution was adopted.
HB 2497, An act concerning the Kansas commission on veterans affairs;
establishing the Kansas veterans' home on the grounds of Winfield state
hospital and training center; pro viding for lease and operation of a
long-term care annex in Wichita; authorizing certain contracts for
construction of dwellings at the Kansas soldiers' home and prescribing guide
lines therefor; amending K.S.A. 73-1207, 73-1208b, 73-1210a and 75-3036a and
K.S.A. 1996 Supp. 40-3414, 76-375 and 76-381 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent
or not voting 1.
April 11, 1997 651
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Absent or not voting: Jones.
The bill passed.
On motion of Senator Emert, the Senate recessed until 1:30 p.m.
Afternoon Session The Senate met pursuant to recess with President
Bond in the chair.
CHANGE OF REFERENCE
The President withdrew HB 2462 from the Committee on Ways and Means,
and rere ferred the bill to the Committee on Commerce.
MESSAGE FROM THE HOUSE
Announcing adoption of SCR 1614.
The House accedes to the request of the Senate for a conference on SB
234 and has appointed Representatives Carmody, Phill Kline and Garner as
conferees on the part of the House.
The House adopts the conference committee report on SB 63.
The House adopts the conference committee report on SB 229.
The House not adopts the conference committee report on HB 2071,
requests a con ference and appoints Representatives Bradley, Wilson and Kirk
as third conferees on the part of the House.
The House concurs in Senate amendments to Substitute HB 2081 and
requests the Senate to return the bill.
The House concurs in Senate amendments to HB 2490 and requests the
Senate to return the bill.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 63, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
On page 3, in line 43, by striking ``guidelines of'' and inserting in lieu
thereof ``regulations promulgated by'';
On page 4, in line 1, after ``safety'' by inserting ``and''; also in line
1, before the period, by inserting ``, as in effect on July 1, 1997'';
On page 1, in the title, in line 12, after ``livestock'' by inserting a
semicolon;
And your committee on conference recommends the adoption of this report.
Joann Flower
John Ballou
Galen Weiland Conferees on part of House Stephen R. Morris
Dwayne Umbarger
Gerald L. Karr Conferees on part of Senate Senator Morris moved the Senate
adopt the Conference Committee report on SB 63.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
652 JOURNAL OF THE SENATE
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 229, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
On page 7, in line 17, by striking all after the period; by striking lines
18 to 28, inclusive;
And your committee on conference recommends the adoption of this report.
Don Steffes
Sandy Praeger
Paul Feleciano, Jr. Conferees on part of House Tom Bradley
Dennis M. Wilson
Nancy Kirk Conferees on part of Senate Senator Steffes moved the Senate
adopt the Conference Committee report on SB 229.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2105, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with Senate
Committee of the Whole amendments, as follows:
On page 7, in line 35, after ``41'' by inserting ``, 42''; in line 40 after
``41'' by inserting ``, 42'';
On page 17, by striking all in lines 34 through 40 and inserting the
following:
``(b) An exemption certificate shall relieve the vendor from collecting
and remitting tax when taken in good faith. A vendor shall be presumed to
have accepted an exemption certificate in good faith in the absence of
evidence to the contrary. A vendor shall be deemed to have accepted an
exemption certificate in good faith if the vendor: (1) Maintains a com pleted
exemption certificate; (2) has ascertained the identity of the person or
entity who presented the exemption certificate; and (3) has not been shown by
a preponderance of the evidence to have had knowledge that the presentation
of the certificate was improper.'';
On page 26, in line 33, by striking the semicolon and inserting a comma;
On page 31, in line 5, before ``and'' by inserting ``or a court of
competent jurisdiction orders that a refund be made,''; also, in line 5,
before ``the'' by inserting ``or in the event a change in valuation which
results in a refund pursuant to subsection (a),''; in line 21, by striking
all after ``where''; by striking all in lines 22 through 25;
On page 51, in line 1, after the period by inserting ``(a)''; in line 12,
by striking ``one''; in line 13, by striking ``year of'' and inserting
``three years of mass''; in line 19, by striking ``assessor'' and inserting
``or district appraiser''; in line 24, by striking all after ``currently'';
April 11, 1997 653
by striking all in lines 25 through 30; in line 31, by striking ``currently
a'' and inserting ``: (1) A''; in line 33, before the period by inserting ``;
(2) a registered mass appraiser pursuant to rules and regulations adopted by
the secretary of revenue; or (3) holding a valid residential evaluation
specialist or certified assessment evaluation designation from the
International Association of Assessing Officers''; in line 34, after
``county'' by inserting ``or district''; also, in line 34, by striking all
after ``appraiser''; in line 35, by striking all before ``shall'' and
inserting ``on the effective date of this act and who is not eligible for
reappointment pursuant to this section''; in line 36, by striking all after
``office''; in line 37, by striking all before the period and inserting ``or
appointment as a county or district appraiser in another county for a term
expiring on July 1, 1999, and if any such person qualifies for an original
appointment or reappointment prior to July 1, 1999, such person may be
reappointed for a full term, and any other person who has at least three
years of mass appraisal experience and is qualified by the director of
property valuation as an eligible Kansas appraiser shall be eligible for
appointment to such office for a term expiring on July 1, 1999, and if any
such person qualifies for an original appointment prior to July 1, 1999, such
person may be reappointed for a full term''; after line 37, by inserting the
following:
``(b) The secretary of revenue shall adopt rules and regulations prior to
October 1, 1997, necessary to establish qualifications for the designation of
a registered mass appraiser.'';
On page 76, by striking all in lines 28 through 43;
By striking all on pages 77 through 80;
On page 81, by striking all in lines 1 through 38; after line 38, by
inserting the following:
``New Sec. 49. (a) Whenever the appraised valuation of any single-family
owner-occu pied residential real property established for property taxation
purposes exceeds by 75% or more the appraised valuation of such property for
such purposes established for utilization for the next preceding taxable
year, and if such increase is not due to such property being improved, a
portion of the property tax attributable to such increase shall be refunded
to the taxpayer as provided by this section.
(b) Any person who qualifies for a refund pursuant to the provisions of
subsection (a) and has completed an appeal pursuant to K.S.A. 79-1448, and
amendments thereto, from the appraised valuation established for such
residential real property may apply for a refund of property tax to the
division of taxation of the department of revenue. For the taxable year for
which such increase is established, the amount of such refund shall be equal
to 80% of the property tax attributable to such increase; for the taxable
year next succeeding the taxable year for which such increase is established,
the amount of such refund shall be equal to 50% of the property tax
attributable to such increase; and for the second taxable year suc ceeding
the taxable year for which such increase is established, the amount of such
refund shall be equal to 25% of the property tax attributable to such
increase.
(c) The secretary of revenue shall adopt rules and regulations necessary
to effectively implement the provisions of this section, and shall devise
forms necessary for the imple mentation of this section.
(d) The provisions of this section shall be applicable to all taxable
years commencing after December 31, 1996.
Sec. 50. K.S.A. 1996 Supp. 79-4216 is hereby amended to read as follows:
79-4216. As used in this act, unless the context clearly requires otherwise,
the following words and phrases shall have the meanings ascribed to them
herein:
(a) ``Barrel'' for oil measurement means a barrel of 42 U.S. gallons of
231 cubic inches per gallon, computed at a temperature of 60 degrees
Fahrenheit.
(b) ``Director'' means the director of taxation.
(c) ``Gas'' means natural gas taken from below the surface of the earth or
water in this state, regardless of whether from a gas well or from a well
also productive of oil or any other product.
(d) ``Gross value'' means the sale price of oil or gas at the time of
removal of the oil or gas from the lease or production unit and if oil or gas
is exchanged for something other than cash, or if no sale occurs at the time
of removal or if the director determines that the relationship between the
buyer and the seller is such that the consideration paid, if any, is not
indicative of the true value or market price, then the director shall
determine the value of the oil or gas subject to tax, based on the
cash price paid to one or more producers for
654 JOURNAL OF THE SENATE
the oil or gas or based on the cash price paid to producers for like
quality oil or gas in the vicinity of the lease or production unit at the
time of the removal of the oil or gas from the lease or production unit.
Notwithstanding the foregoing, if no sale of gas occurs at the time of
removal and such gas is not stored, then the gross value of gas for the
purpose of taxation under this act shall be the price for which such gas is
sold at the time of sale if such sale is not between related parties.
(e) ``Oil'' means petroleum, or other crude oil, condensate, casinghead
gasoline, or other mineral oil which is severed or withdrawn from below the
surface of the soil or water in this state.
(f) ``Operator'' means the person primarily responsible for the management
and oper ation of coal, oil or gas productions from a lease, production unit
or mine.
(g) ``Person'' means any natural person, firm, copartnership, joint
venture, association, corporation, estate, trust or any other group or
combination acting as a unit, and the plural as well as the singular number.
(h) ``Producer'' means any person owning, controlling, managing or leasing
any coal, oil or gas property or oil or gas well or coal or salt mine, and
any person who serves in any manner any coal, oil or gas in this state, and
shall include any person owning any direct and beneficial interest in any
coal, oil or gas produced, whether severed by such person or some other
person on their behalf, either by lease, contract or otherwise, including a
royalty owner.
(i) ``Remove'' or ``removal'' means the physical transportation of coal,
oil or gas off of the lease or production unit or from the mine where
severed; and if the manufacture or conversion of crude oil or natural gas
into refined products occurs on the premises where severed, oil or gas shall
be deemed to have been removed on the date such manufacture or conversion
begins.
(j) ``Secretary'' means the secretary of revenue.
(k) ``Severed'' or ``severing'' means: (1) The production of oil through
extraction or withdrawal of the same from below the surface of the soil or
water, whether such extraction or withdrawal shall be by natural flow,
mechanical flow, forced flow, pumping or any other means employed to get the
oil from below the surface of the soil or water and shall include the
withdrawal by any means whatsoever of oil upon which the tax has not been
paid, from any surface reservoir, natural or artificial, or from a water
surface; (2) the production of gas through the extraction or withdrawal of
the same by any means whatsoever, from below the surface of the earth or
water; and (3) the physical removal of coal from the earth.
(l) ``Taxpayer'' means any person liable for the taxes imposed by this
act.
(m) ``Disruption of production'' means, in the case of oil, a continuous
24-hour period during which a well is not producing. Circulating and missed
production days shall be considered production days if the operator can
demonstrate that any lost production is subsequently recovered during a later
production day. In the case of gas, a continuous onehour period during which
a well is not open to the pipeline shall be deemed to be a dis ruption of
production. Missed production hours shall be considered production hours if
the operator can demonstrate that any lost production is subsequently
recovered during later production hours.
Sec. 51. K.S.A. 79-4225 is hereby amended to read as follows: 79-4225. (a)
If any taxes imposed under this act and determined and assessed by the
director are unpaid: (1) Not due to negligence or to intentional disregard of
this act or rules and regulations promulgated by the secretary, interest on
such taxes shall be added at the rate per month prescribed by subsection (a)
of K.S.A. 79-2968, and amendments thereto, from the date the tax was due
until paid; (2) due to negligence or to intentional disregard of this act or
rules and regulations promulgated by the secretary, but without intent to
defraud, a penalty of 10% of the amount of such taxes shall be added,
together with interest at the rate per month prescribed by subsection (a) of
K.S.A. 79-2968, and amendments thereto, from the date the tax was due until
paid; (3) due to fraud with intent to evade the tax imposed by this act,
there shall be added thereto a penalty of 50% of the amount of such tax,
together with interest at the rate per month prescribed by subsection (a) of
K.S.A. 79-2968, and amendments thereto, from the date the tax was due until
paid.
April 11, 1997 655
(b) If any person fails or refuses to make any return, when required to do
so under the provisions of this act, such person shall be subject to a
penalty of $25 per day for each return which such person fails or refuses to
file.
(c) Whenever, in the judgment of the director, the failure of any person
to comply with the provisions of subsection (a)(1), (a)(2), and (b) of this
section, was due to reasonable cause, the director may, in the exercise of
discretion, waive or reduce any of the penalties upon making a record of the
reason therefor.
(d) In addition to all other penalties herein provided, any person who
fails to make a return, or to pay any tax herein provided, or who makes a
false or fraudulent return, or fails to keep any books or records prescribed
by this act, or who willfully violates any rules and regulations promulgated
by the secretary for the enforcement and administration of this act, or who
aids and abets another in attempting to evade the payment of any tax imposed
by this act, or who violates any other provisions of this act, shall, upon
conviction thereof, be guilty of a class C misdemeanor.
(e) The director of taxation shall examine all returns filed under the
provision of this act, and shall issue notices and final determinations of
tax liability hereunder in the manner prescribed by K.S.A. 79-3226, and
amendments thereto, relating to income taxes.
New Sec. 52. In addition to any other rights and privileges provided by
law under the Kansas retailers' sales tax and Kansas compensating tax acts,
the secretary of revenue shall promulgate rules and directives under which
the taxpayer shall be provided:
(a) A copy of all work-papers compiled as a result of an audit of such
taxpayer;
(b) a personal or telephonic conference conducted by the director of
taxation or agent of the director with the taxpayer or a representative of
the taxpayer after completion of audit field work; and, if additional audit
desk work is performed in the office subsequent to audit field work, a
telephonic conference conducted by the director or agent of the director with
the taxpayer or a representative of the taxpayer after completion of such
subsequent audit desk work; and
(c) consideration of the taxpayer's convenience, normal hours of
operation, and the availability of administrative personnel resources in the
scheduling of an audit by the direc tor.'';
By renumbering existing sections accordingly;
On page 82, in line 34, by striking ``and 79-32,111'' and inserting ``,
79-32,111 and 794225''; in line 37, by striking all before ``79-1575''; and
in line 40, after the comma, by inserting ``79-4216,'';
In the title, in line 19, by striking ``and 79-3635 and inserting ``,
79-3635 and 79-4225''; in line 22, by striking all after the second comma; in
line 23, by striking ``79-1492,''; in line 25, before ``79-4226'' by
inserting ``79-4216,''
And your committee on conference recommends the adoption of this report.
Audrey Langworthy
David R. Corbin
Janis K. Lee Conferees on part of Senate Phill Kline
Tony Powell
Bruce Larkin Conferees on part of House Senator Langworthy moved the Senate
adopt the Conference Committee report on HB 2105.
Senator Kerr offered a substitute motion to not adopt the conference
committee report and a new conference committee be appointed.
The motion failed and the Senate returned to consideration of the
conference committee report on HB 2105.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel
656 JOURNAL OF THE SENATE
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
The Conference Committee report was adopted.
EXPLANATION OF VOTE
Mr. President, I am voting a reluctant yes on HB 2105, not because it
is a bad bill, but because it could be better. Despite the good and competent
work of the conference committee to craft a taxpayer fairness measure with a
minimal fiscal note, one important senate passed measure was left out. This
is the biennial appraisal provision.
Taxpayers are extraordinarily tired of annual appraisals. If they believe
an appraisal is wrong and pursue relief, they hardly complete the process
before the next statement arrives. Biennial appraisals will help in two
important ways.
One, appraisers will have more time to make the appraisals accurate. At
present they are under great pressure to get the notices out. With more time
between notices they will be able to more nearly perfect the valuations.
Second, with values established for two years, it will be worthwhile for
taxpayers to pursue relief from bad appraisals.
Mr. President, a bill that is known as the taxpayer fairness act ought to
include the biennial appraisal provision.--Dave Kerr
Senators Barone, Bleeker, Brownlee, Clark, Gilstrap, Harrington, Lawrence,
Morris, Sal mans, Steineger and Tyson request the record to show they concur
with the ``Explanation of Vote'' offered by Senator Kerr on HB 2105.
Senator Praeger moved the Senate adopt the Conference Committee report on
HB 2129.
CONFERENCE COMMITTEE REPORT Mr. President and Mr. Speaker: Your committee on conference on Senate
amend ments to HB 2129, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with Senate
Committee of the Whole amendments, as follows:
On page 5, in line 31, by striking ``: (1) Mental'' and inserting
``mental''; in line 36, by striking ``; or''; by striking all in lines 37
through 43;
On page 6, in line 1, by striking all before the period; in line 3, by
striking ``: (A) A'' and inserting ``a''; in line 4, by striking ``(1)''; in
line 9, by striking ``; or''; by striking all in lines 10 through 16; in line
17, by striking all before the period;
On page 8, by striking all in lines 30 through 43;
On page 9, by striking all in lines 1 through 23;
On page 16, in line 25, after ``(2)'' by inserting ``issued an
institutional license prior to the effective date of this act and is''; in
line 32, after ``thereto'' by inserting ``, in a psychiatric hospital
licensed under K.S.A. 75-3307b and amendments thereto'';
On page 17, by striking all in lines 7 through 43;
By striking all of page 18;
On page 19, by striking all in lines 1 through 29;
And by renumbering sections accordingly;
Also on page 19, by striking all in lines 38 through 43;
On page 20, by striking all in lines 1 through 4;
And by renumbering the remaining section accordingly;
On page 1, in the title, in line 16, by striking all after the semicolon;
in line 17, by striking ``persons;''; in line 19, by striking ``59-2972,'';
in line 24, by striking all after ``Kansas''; by striking all in lines 25
through 28; in line 29, by striking ``Kansas'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Larry D. Salmans
Chris Steineger Conferees on part of Senate
April 11, 1997 657
Carlos Mayans
Jim Morrison
Jerry Henry Conferees on part of House On roll call, the vote was: Yeas 39,
nays 1, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Vidricksen.
Nays: Umbarger.
The Conference Committee report was adopted.
ORIGINAL MOTION
On motion of Senator Steffes, the Senate acceded to the request of the
House for a conference on HB 2071.
The President appointed Senators Steffes, Praeger and Feleciano as third
conferees on the part of the Senate.
MESSAGE FROM THE HOUSE
Announcing, the House not adopts the conference committee report on
Substitute SB 86, requests a conference and appoints Representatives
Cox, Humerickhouse and Correll as third conferees on the part of the House.
The House adopts the conference committee report on SB 7.
The House adopts the conference committee report on SB 147.
The House adopts the conference committee report on SB 232.
The House adopts the conference committee report on SB 333.
The House accedes to the request of the Senate for a conference on SB
146 and has appointed Representatives Flower, Ballou and Weiland as second
conferees on the part of the House.
ORIGINAL MOTION
On motion of Senator Steffes, the Senate acceded to the request of the
House for a conference on Sub. SB 86.
The President appointed Senators Steffes, Praeger and Feleciano as third
conferees on the part of the Senate.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 7, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
On page 32, after line 18, by inserting the following:
``Section 1. K.S.A. 1996 Supp. 79-5028 is hereby amended to read as
follows: 79-5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and
amendments thereto, shall not apply to or limit the levy of taxes for the
payment of:
(a) Principal and interest upon state infrastructure loans, bonds,
temporary notes, nofund warrants and payments made to a public building
commission;
(b) judgments, settlements and expenses for protection against liability
to the extent such expenses are authorized by article 61 of chapter 75 of the
Kansas Statutes Annotated and amendments thereto;
(c) employer contributions for social security, workers compensation,
unemployment insurance, health care costs, employee benefit plans, and
employee retirement and pension programs;
(d) expenses incurred by counties for district court operations under the
provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and expenses
incurred by counties for the detention of juveniles;
658 JOURNAL OF THE SENATE
(e) expenses incurred by counties for payment of out-district tuition to
community col leges pursuant to K.S.A. 71-301, and amendments thereto, and
expenses incurred by coun ties and townships for payment of out-district
tuition to municipal universities pursuant to K.S.A. 13-13a26, and amendments
thereto;
(f) expenses incurred for the first time on and after January 1, 1996, by
cities in effec tuating programs specifically enacted and administered for
the purpose of preventing ju venile delinquency and crime; or
(g) expenses incurred by any taxing subdivision for rebates to owners of
property in connection with a neighborhood revitalization program instituted
in accordance with K.S.A. 1995 1996 Supp. 12-17,114 et seq., and
amendments thereto; or
(h) expenses incurred by any taxing subdivision necessary to interface
with the state criminal justice information system.
The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amendments
thereto, do not apply to the tax levies authorized or required under K.S.A.
19-4004, 19-4011, 65-212 and 65-215 and amendments thereto.
Amounts produced from any taxes levied for purposes specified in this
section shall not be used in computing any aggregate limitation under the
provisions of this act. In addition, amounts needed to be produced from the
levy of taxes by a taxing subdivision to replace the difference between the
amount of revenue estimated to be received by such taxing subdivision
pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990,
and the amount of such revenue estimated to be received by such taxing
subdivision in each year thereafter shall not be used in computing any
aggregate limitation under the provisions of this act. On or before June 1 of
each year, information necessary to make such computation shall be provided
to each taxing subdivision by the appropriate county treasurer.'';
By renumbering existing sections accordingly;
On page 33, in line 1, by striking ``1998'' and inserting ``1999''; in line
9, before ``79-5036'' by inserting ``79-5028,'';
In the title, in line 22, before ``79-5036'' by inserting ``79-5028,''
And your committee on conference recommends the adoption of this report.
Audrey Langworthy
David R. Corbin
Janis K. Lee Conferees on part of House Phill Kline
Tony Powell
Bruce Larkin Conferees on part of Senate Senator Langworthy moved the
Senate adopt the Conference Committee report on SB 7.
On roll call, the vote was: Yeas 35, nays 5, present and passing 0;
absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Oleen, Petty,
Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger,
Vidricksen.
Nays: Clark, Huelskamp, Morris, Pugh, Tyson.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 147, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
On page 2, by striking all of lines 9 through 12; by renumbering section 5
as section 4;
April 11, 1997 659
And your committee on conference recommends the adoption of this report.
Don Myers
Clay Aurand
Dennis McKinney Conferees on part of House Pat Ranson
Stan Clark
Jim Barone Conferees on part of Senate Senator Ranson moved the Senate
adopt the Conference Committee report on SB 147.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0;
absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 232, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
On page 2, by striking all in line 43;
On page 3, by striking all in lines 1 through 9 and inserting:
``(b) If within two years following the effective date of the annexation
of any tract pur suant to K.S.A. 12-520c, and amendments thereto, and upon
petition of the owner of any such tract, the governing body of the city shall
exclude such tract if the owner reimburses the city for all costs incurred by
the city in the extension of services to such tract, together with interest
on the amount of such costs at a rate provided by K.S.A. 16-201, and amend
ments thereto. The owner shall be required to pay only those costs which are
attributable to services which exclusively benefit such tract.
The provisions of this subsection shall apply only to a tract which is
under one ownership on the date the petition for exclusion is filed by the
owner thereof with the city governing body, and which will not adjoin the
city on the effective date of its exclusion from the city.
The terms ``tract'' and ``owner'' in this subsection shall have the same
meaning ascribed thereto in K.S.A. 12-519, and amendments thereto.
The provisions of this subsection shall expire on December 31, 1997.'';
On page 10, in line 18, by striking ``and section 9'' and inserting ``and
sections 10 and 11'';
On page 13, following line 25, by inserting:
``New Sec. 11. Nothing in this act is intended to prevent cities or
counties from en forcing local laws, enacted under other legal authority, for
the gradual elimination of non conforming uses.'';
By renumbering sections accordingly;
And your committee on conference recommends the adoption of this report.
Larry Campbell
Kent Glasscock
Gwen Welshimer Conferees on part of House Janice L. Hardenburger
Rich Becker Conferees on part of Senate
660 JOURNAL OF THE SENATE
Senator Hardenburger moved the Senate adopt the Conference Committee report
on SB 232.
On roll call, the vote was: Yeas 25, nays 15, present and passing 0;
absent or not voting 0.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Donovan, Emert, Gilstrap,
Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence,
Morris, Praeger, Ranson, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger, Vidricksen.
Nays: Barone, Biggs, Corbin, Downey, Feleciano, Gooch, Goodwin, Hensley,
Jones, Karr, Lee, Oleen, Petty, Pugh, Salisbury.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 333, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
On page 1, in line 19, before ``K.S.A.'' by inserting ``On and after July
1, 1997,'';
On page 2, in line 30, by striking ``derives no operating revenues from
intrastate opera tions'' and inserting ``is under the jurisdiction of the
commission and has not filed an annual report with the commission pursuant to
K.S.A. 66-123, and amendments thereto, prior to the beginning of the
commission's fiscal year''; in line 34, by striking ``, 3/5 of 1% of its''
and inserting ``under the jurisdiction of the commission, 0.6% of the public
utility's or common carrier's'';
On page 3, in line 7, after ``entity'' by inserting ``, other than a
residential or small com mercial ratepayer,''; in line 11, before ``K.S.A.''
by inserting ``On and after July 1, 1997,''; in line 43, by striking ``$400''
and inserting ``$100'';
On page 4, in line 18, before ``K.S.A.'' by inserting ``On and after July
1, 1997,''; in line 36, before ``K.S.A.'' by inserting ``On and after July 1,
1997,'';
On page 5, after line 23, by inserting:
``Sec. 5. On and after July 1, 1997, K.S.A. 1996 Supp. 66-101d is hereby
amended to read as follows: 66-101d. It shall be the duty of the
commission, either upon complaint or upon its own initiative, to The
commission, upon its own initiative, may investigate all sched ules of
rates and rules and regulations of electric public utilities. If after
investigation and hearing the commission finds that such rates or rules and
regulations are unjust, unreason able, unjustly discriminatory or unduly
preferential, the commission shall have the power to establish and order
substituted therefor such rates and such rules and regulations as are just
and reasonable.
If after investigation and hearing it is found that any regulation,
measurement, practice, act or service complained of is unjust, unreasonable,
unreasonably inefficient or insufficient, unduly preferential, unjustly
discriminatory, or otherwise in violation of this act or of the orders of the
commission, or if it is found that any service is inadequate or that any
reason able service cannot be obtained, the commission shall have the power
to substitute therefor such other regulations, measurements, practices,
service or acts, and to make such order respecting any such changes in such
regulations, measurements, practices, service or acts as are just and
reasonable. When, in the judgment of the commission, public necessity and
convenience require, the commission shall have the power to establish just
and reasonable concentration or other special rates, charges or privileges,
but all such rates, charges and privileges shall be open to all users of a
like kind of service under similar circumstances and conditions.
Hearings shall be conducted in accordance with the provisions of the Kansas
administra tive procedure act, unless, in the case of a general
investigation, for good cause, the com mission orders otherwise.
Sec. 6. On and after July 1, 1997, K.S.A. 1996 Supp. 66-101e is hereby
amended to read as follows: 66-101e. Upon a complaint in writing made against
any electric public utility governed by this act that any of the rates or
rules and regulations of such electric public
April 11, 1997 661
utility are in any respect unreasonable, unfair, unjust, unjustly
discriminatory or unduly preferential, or both, or that any regulation,
practice or act whatsoever affecting or relating to any service performed or
to be performed by such electric public utility for the public, is in any
respect unreasonable, unfair, unjust, unreasonably inefficient or
insufficient, un justly discriminatory or unduly preferential, or that any
service performed or to be per formed by such electric public utility for the
public is unreasonably inadequate, inefficient, unduly insufficient or cannot
be obtained, the commission shall may proceed, with or with out
notice, to make such investigation as it deems necessary.
The commission may, upon its own motion, and without any complaint being
made, proceed to make such investigation, but No order changing such
rates, rules and regulations, practices or acts complained of shall be made
or entered by the commission without a formal public hearing, of which due
notice shall be given by the commission to such electric public utility or to
such complainant or complainants, if any, in accordance with the provisions
of the Kansas administrative procedure act. Any public investigation or
hearing which the commission shall have power to make or to hold may be made
or held before any one or more commissioners. All investigations, hearings,
decisions and orders made by a commis sioner shall be deemed the
investigations, hearings, decisions and orders of the commission, when
approved by the commission.
The commission shall have power to require electric public utilities to
make such im provements and do such acts as are or may be required by law to
be done by any such electric public utility.
Sec. 7. On and after July 1, 1997, K.S.A. 66-1,191 is hereby amended to
read as follows: 66-1,191. It shall be the duty of the commission, either
upon complaint or upon its own initiative, to The commission, upon its
own initiative, may investigate all rates, joint rates, tolls, charges and
exactions, classifications or schedules of rates or joint rates and rules and
regulations of telecommunications public utilities. If after full hearing and
investigation the commission finds that such rates, joint rates, tolls,
charges or exactions, classifications or schedules of rates or joint rates or
rules and regulations are unjust, unreasonable, unjustly discriminatory or
unduly preferential, the commission shall have the power to fix and order
substituted therefor such rates, tolls, charges, exactions, classifications
or schedules of rates or joint rates and such rules and regulations as are
just and reasonable.
If upon any investigation it is found that any regulation, measurement,
practice, act or service complained of is unjust, unreasonable, unreasonably
inefficient or insufficient, un duly preferential, unjustly discriminatory,
or otherwise in violation of this act or of the orders of the commission, or
if it is found that any service is inadequate or that any reasonable service
cannot be obtained, the commission may substitute therefor such other
regulations, measurements, practices, service or acts, and make such order
respecting any such changes in such regulations, measurements, practices,
service or acts as are just and reasonable. When, in the judgment of the
commission, public necessity and convenience require, the commission may
establish just and reasonable concentration or other special rates, charges
or privileges, but all such rates, charges and privileges shall be open to
all users of a like kind of service under similar circumstances and
conditions. Hearings shall be conducted in accordance with the provisions
of the Kansas administrative procedure act, unless, in the case of a general
investigation, for good cause, the commission orders otherwise.
Sec. 8. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,192 is hereby
amended to read as follows: 66-1,192. (a) Upon a complaint in writing made
against any telecommuni cations public utility governed by this act, by
any mercantile, agricultural or manufacturing organization or society, or by
any body politic or municipal organization, or by any taxpayer, firm,
corporation or association, that any of the rates or joint rates, tolls,
charges, rules, regulations, classifications or schedules of such
telecommunications public utility are in any respect unreasonable, unfair,
unjust, unjustly discriminatory or unduly preferential, or both, or that any
regulation, practice or act whatsoever affecting or relating to any service
per formed or to be performed by such telecommunications public utility for
the public, is in any respect unreasonable, unfair, unjust, unreasonably
inefficient or insufficient, unjustly discriminatory or unduly preferential,
or that any service performed or to be performed by such telecommunications
public utility for the public is unreasonably inadequate, inefficient,
662 JOURNAL OF THE SENATE
unduly insufficient or cannot be obtained, the commission shall
may proceed, with or with out notice, to make such investigation as
it deems necessary.
The commission may, upon its own motion, and without any complaint being
made, proceed to make such investigation, but No order changing such
rates, joint rates, tolls, charges, rules, regulations and classifications,
schedules, practices or acts complained of shall be made or entered by the
commission without a formal public hearing in accordance with the provisions
of the Kansas administrative procedure act, of which due notice shall be
given by the commission to such telecommunications public utility or to such
complainant or complainants, if any. Any public investigation or hearing
which the commission shall have power to make or to hold may be made or held
before any one or more commissioners. All investigations, hearings, decisions
and orders made by a commissioner shall be deemed the investigations,
hearings, decisions and orders of the commission, when approved by the
commission.
(b) The commission shall have power to require telecommunications public
utilities to make such improvements and do such acts as are or may be
required by law to be done by any such telecommunications public utility.
Sec. 9. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,204 is hereby
amended to read as follows: 66-1,204. It shall be the duty of the
commission, either upon complaint or upon its own initiative, to The
commission, upon its own initiative, may investigate all sched ules of
rates and rules and regulations of natural gas public utilities. If after
investigation and hearing the commission finds that such rates or rules and
regulations are unjust, un reasonable, unjustly discriminatory or unduly
preferential, the commission shall have the power to establish and order
substituted therefor such rates and such rules and regulations as are just
and reasonable.
If after investigation and hearing it is found that any regulation,
measurement, practice, act or service complained of is unjust, unreasonable,
unreasonably inefficient or insufficient, unduly preferential, unjustly
discriminatory, or otherwise in violation of this act or of the orders of the
commission, or if it is found that any service is inadequate or that any
reason able service cannot be obtained, the commission may substitute
therefor such other regu lations, measurements, practices, service or acts,
and make such order respecting any such changes in such regulations,
measurements, practices, service or acts as are just and rea sonable. When,
in the judgment of the commission, public necessity and convenience re quire,
the commission may establish just and reasonable concentration or other
special rates, charges or privileges, but all such rates, charges and
privileges shall be open to all users of a like kind of service under similar
circumstances and conditions. Hearings shall be con ducted in accordance
with the provisions of the Kansas administrative procedure act, unless, in
the case of a general investigation, for good cause, the commission orders
otherwise.
Sec. 10. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,205 is hereby
amended to read as follows: 66-1,205. (a) Upon a complaint in writing made
against any natural gas public utility governed by this act that any rates or
rules and regulations of such natural gas public utility are in any respect
unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential,
or both, or that any rule and regulation, practice or act whatsoever
affecting or relating to any service performed or to be performed by such
natural gas public utility for the public, is in any respect unreasonable,
unfair, unjust, unreasonably inefficient or insufficient, unjustly
discriminatory or unduly preferential, or that any service performed or to be
performed by such natural gas public utility for the public is unreasonably
inade quate, inefficient, unduly insufficient or cannot be obtained, the
commission shall may proceed, with or without notice, to make
such investigation as it deems necessary.
The commission, upon its own motion and without any complaint being
made, may pro ceed to make such investigation, but No order changing such
rates, rules and regulations, practices or acts complained of shall be made
or entered by the commission without a formal public hearing in accordance
with the provisions of the Kansas administrative procedure act, of which due
notice shall be given by the commission to such natural gas public utility or
to such complainant or complainants, if any. Any public investigation or
hearing which the commission shall have power to make or to hold may be made
or held before any one or more commissioners. All investigations, hearings,
decisions and orders made by a com
April 11, 1997 663
missioner shall be deemed the investigations, hearings, decisions and orders
of the com mission, when approved by the commission.
(b) The commission shall have power to require natural gas public
utilities to make such improvements and do such acts as are or may be
required by law to be done by any such natural gas public utility.
Sec. 11. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,219 is hereby
amended to read as follows: 66-1,219. It shall be the duty of the
commission, either upon complaint or upon its own initiative, to The
commission, upon its own initiative, may investigate all rates, joint
rates, tolls, charges and exactions, classifications or schedules of rates or
joint rates and rules and regulations of common carriers, except a motor
carrier holding a certificate of public service. If after full hearing and
investigation the commission finds that such rates, joint rates, tolls,
charges or exactions, classifications or schedules of rates or joint rates or
rules and regulations are unjust, unreasonable, unjustly discriminatory or
unduly preferen tial, the commission shall have the power to fix and order
substituted therefor such rates, tolls, charges, exactions, classifications
or schedules of rates or joint rates and such rules and regulations as are
just and reasonable.
If upon any investigation it is found that any such regulation,
measurement, practice, act or service complained of is unjust, unreasonable,
unreasonably inefficient or insufficient, unduly preferential, unjustly
discriminatory, or otherwise in violation of this act or of the orders of the
commission, or if it is found that any service is inadequate or that any
reason able service cannot be obtained, the commission may substitute
therefor such other regu lations, measurements, practices, service or acts,
and make such order respecting any such changes in such regulations,
measurements, practices, service or acts as are just and rea sonable. When,
in the judgment of the commission, public necessity and convenience re quire,
the commission may establish just and reasonable concentration or other
special rates, charges or privileges, but all such rates, charges and
privileges shall be open to all users of a like kind of service under similar
circumstances and conditions. Hearings shall be con ducted in accordance
with the provisions of the Kansas administrative procedure act, unless, in
the case of a general investigation, for good cause, the commission orders
otherwise.
Sec. 12. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,220 is hereby
amended to read as follows: 66-1,220. (a) Upon a complaint in writing made
against any common carrier, except a motor carrier holding a certificate of
public service, governed by this act, by any mercantile, agricultural or
manufacturing organization or society, or by any body politic or municipal
organization, or by any taxpayer, firm, corporation or association, that
any of the rates or joint rates, fares, tolls, charges, rules, regulations,
classifications or schedules of such common carrier are in any respect
unreasonable, unfair, unjust, unjustly discriminatory or unduly preferential,
or both, or that any regulation, practice or act whatsoever affecting or
relating to any service performed or to be performed by such common carrier
for the public, is in any respect unreasonable, unfair, unjust, unreasonably
inefficient or insufficient, un justly discriminatory or unduly preferential,
or that any service performed or to be per formed by such common carrier for
the public is unreasonably inadequate, inefficient, un duly insufficient or
cannot be obtained, the commission shall may proceed, with or
without notice, to make such investigation as it deems necessary.
The commission, upon its own motion, and without any complaint being
made, may proceed to make such investigation, but No order changing such
rates, joint rates, tolls, charges, rules, regulations and classifications,
schedules, practices or acts complained of shall be made or entered by the
commission without a formal public hearing in accordance with the provisions
of the Kansas administrative procedure act, of which due notice shall be
given by the commission to such common carrier or to such complainant or
complainants, if any. Any public investigation or hearing which the
commission shall have power to make or to hold may be made or held before any
one or more commissioners. All investigations, hearings, decisions and orders
made by a commissioner shall be deemed the investigations, hearings,
decisions and orders of the commission, when approved by the commission.
(b) The commission shall have power to require common carriers, except a
motor carrier holding a certificate of public service, to make such
improvements and do such acts as are or may be required by law to be done by
any such common carrier.
664 JOURNAL OF THE SENATE
Sec. 13. On and after July 1, 1997, K.S.A. 66-1,234 is hereby amended to
read as follows: 66-1,234. It shall be the duty of the commission, either
upon complaint or upon its own initiative, to The commission, upon its
own initiative, may investigate all rates, joint rates, tolls, charges and
exactions, classifications or schedules of rates or joint rates and rules and
regulations of miscellaneous public utilities. If after full hearing and
investigation the commission finds that such rates, joint rates, tolls,
charges or exactions, classifications or schedules of rates or joint rates or
rules and regulations are unjust, unreasonable, unjustly discriminatory or
unduly preferential, the commission shall have the power to fix and order
substituted therefor such rates, tolls, charges, exactions, classifications
or schedules of rates or joint rates and such rules and regulations as are
just and reasonable.
If upon any investigation it is found that any regulation, measurement,
practice, act or service complained of is unjust, unreasonable, unreasonably
inefficient or insufficient, un duly preferential, unjustly discriminatory,
or otherwise in violation of this act or of the orders of the commission, or
if it is found that any service is inadequate or that any reasonable service
cannot be obtained, the commission may substitute therefor such other
regulations, measurements, practices, service or acts, and make such order
respecting any such changes in such regulations, measurements, practices,
service or acts as are just and reasonable. When, in the judgment of the
commission, public necessity and convenience require, the commission may
establish just and reasonable concentration, commodity, transit or other
special rates, charges or privileges, but all such rates, charges and
privileges shall be open to all users of a like kind of service under similar
circumstances and conditions. Hearings shall be conducted in accordance
with the provisions of the Kansas administrative procedure act, unless, in
the case of a general investigation, for good cause, the commission orders
otherwise.
Sec. 14. On and after July 1, 1997, K.S.A. 1996 Supp. 66-1,235 is hereby
amended to read as follows: 66-1,235. (a) Upon a complaint in writing made
against any miscellaneous public utility governed by this act, by any
mercantile, agricultural or manufacturing organ ization or society, or by any
body politic or municipal organization, or by any taxpayer, firm, corporation
or association, that any of the rates or joint rates, tolls, charges,
rules, regulations, classifications or schedules of such miscellaneous public
utility are in any respect unreason able, unfair, unjust, unjustly
discriminatory or unduly preferential, or both, or that any regulation,
practice or act whatsoever affecting or relating to any service performed or
to be performed by such miscellaneous public utility for the public, is in
any respect unrea sonable, unfair, unjust, unreasonably inefficient or
insufficient, unjustly discriminatory or unduly preferential, or that any
service performed or to be performed by such miscellaneous public utility for
the public is unreasonably inadequate, inefficient, unduly insufficient or
cannot be obtained, the commission shall may proceed, with or
without notice, to make such investigation as it deems necessary.
The commission may, upon its own motion, and without any complaint being
made, proceed to make such investigation, but No order changing such
rates, joint rates, fares, tolls, charges, rules, regulations and
classifications, schedules, practices or acts complained of shall be made or
entered by the commission without a formal public hearing in accordance with
the provisions of the Kansas administrative procedure act, of which due
notice shall be given by the commission to such miscellaneous public utility
or to such complainant or complainants, if any. Any public investigation or
hearing which the commission shall have power to make or to hold may be made
or held before any one or more commissioners. All investigations, hearings,
decisions and orders made by a commissioner shall be deemed the
investigations, hearings, decisions and orders of the commission, when
approved by the commission.
(b) The commission shall have power to require miscellaneous public
utilities to make such improvements and do such acts as are or may be
required by law to be done by any such miscellaneous public utility.
New Sec. 15. (a) The state corporation commission shall have the authority
to exempt any public utility or common carrier over which the commission has
jurisdiction from the requirements of publishing and filing with the
commission copies of schedules of rates, joint rates, tolls, charges,
classifications and divisions of rates for jurisdictional services affecting
Kansas customers and charged for any such service that is not subject to
price regulation.
April 11, 1997 665
After a public utility or common carrier service has been exempted from such
requirements, the commission may require such public utility or common
carrier to publish and file with the commission tariffs for such service when
necessary to protect consumers from fraudulent business practices or
practices that are inconsistent with the public interest, convenience and
necessity or when the commission otherwise deems necessary.
(b) The provisions of this section shall take effect on and after July 1,
1997.
Sec. 16. On and after July 1, 1997, K.S.A. 1996 Supp. 66-125 is hereby
amended to read as follows: 66-125. (a) Any investor-owned electric public
utility incorporated in the state of Kansas having a total capitalization
in excess of $1 billion dollars may issue stocks, certificates, bonds,
notes or other evidences of indebtedness, payable at periods of more than 12
months after the date thereof, when necessary for the acquisition of
property, for the purpose of carrying out its corporate powers, the
construction, completion, extension or improvements of its facilities, for
the improvements or maintenance of its service, for the discharge or lawful
refunding of its obligations, or for such other purposes as may be au
thorized by law. Prior to any such issuance, there shall be secured from the
commission a certificate stating the amount, character, purposes and terms on
which such stocks, certif icates, bonds, notes or other evidences of
indebtedness are proposed to be issued, as set out in the application for
such certificate. In lieu of securing a certificate from the com mission, if
the issuance requires a registration statement to be filed with the
securities and exchange commission or such utility obtains an authorization
or approval of such issuance from another state or federal agency, the public
utility may file with the state corporation commission a copy of the
information filed with the securities and exchange commission or such other
agency.
(b) The proceedings for obtaining such certificate from the commission and
the con ditions of its being issued shall be as follows:
(1) In case the stocks, certificates, bonds, notes or other evidences of
indebtedness are to be issued for money only, the public utility or common
carrier shall file with the com mission a statement, signed and verified by
the president or other chief officer of the com pany having knowledge of the
facts, showing:
(A) The amount and character of the proposed stocks, certificates, bonds,
notes or other evidences of indebtedness;
(B) the general purposes for which they are to be issued;
(C) the terms on which they are to be issued;
(D) the total assets and liabilities of the public utility or common
carrier; and
(E) that the capital sought to be secured by the issuance of such stocks,
certificates, bonds, notes or other evidences of indebtedness is necessary
and required for such purposes and will be used therefor.
(2) In case stocks, certificates, bonds, notes or other evidences of
indebtedness are to be issued partly or wholly for property or services or
other consideration than money, the public utility or common carrier shall
file with the commission a statement, signed and verified by the president or
other chief officer having knowledge of the facts, showing:
(A) The amount and character of the stocks, certificates, bonds, notes or
other evidences of indebtedness proposed to be issued;
(B) the general purposes for which they are to be issued;
(C) a general description and an estimated value of the property or
services for which they are to be issued;
(D) the terms on which they are to be issued or exchanged;
(E) the amount of money, if any, to be received for the same in addition
to such prop erty, services or other consideration;
(F) the total assets and liabilities of the public utility or common
carrier; and
(G) that the capital sought to be secured by the issuance of such stocks,
certificates, bonds, notes or other evidences of indebtedness is necessary
and required for such purposes and will be used therefor.
(c) The commission may also require the public utility or common carrier
to furnish such further statements of facts as may be reasonable and
pertinent to the inquiry. Upon full compliance by the applicant with the
provisions of this section the commission shall forthwith issue a certificate
stating the amount, character, purposes and terms upon which
666 JOURNAL OF THE SENATE
such stocks, certificates, bonds, notes or other evidences of indebtedness
are proposed to be issued, as set out in the application for such
certificate. Any issue of stocks, certificates, bonds, notes or other
evidences of indebtedness not payable within one year, which shall be issued
by such public utility or common carrier contrary to the provisions of this
act shall be voidable by the commission, except as provided in subsection
(d).
(d) The provisions of this section shall not apply to motor carriers, as
defined in K.S.A. 66-1,108, and amendments thereto or any public utility
except as provided in subsection (a). Any issue of stocks, certificates,
bonds, notes or other evidences of indebtedness not payable within one year,
which were issued by a motor carrier prior to the effective date of this act
without obtaining a certificate from the commission shall be deemed valid.
New Sec. 17. (a) The American Society of Heating and Air Conditioning
Engineers/ Illuminating Society of North America 1989 90-1 Standard or Code
(ASHRAE/IES 90.189) is hereby adopted as the applicable thermal efficiency
standard for new commercial and industrial structures in this state.
(b) The state corporation commission has no authority to adopt or enforce
energy ef ficiency standards for residential, commercial or industrial
structures.
(c) Nothing in this section shall be construed to preclude a city or
county from adopting or enforcing thermal efficiency standards for structures
within the jurisdiction of such city or county.
New Sec. 18. (a) Except as provided by subsection (b), the person building
or selling a previously unoccupied new residential structure shall disclose
to the buyer information regarding the thermal efficiency of the structure on
a form prepared and disseminated by the state corporation commission, which
form shall be substantially as follows:
``ENERGY EFFICIENCY DISCLOSURE
This residence (mark one of the following):
______ 1. Has been built to meet the energy efficiency standards of the
Model Energy Code of 1993
______ 2. Has been built to include the following energy efficiency
elements:
(1) Insulation values (R-value of insulation installed) for each of the
following:
Ceiling with attic above R-value ______
Cathedral ceiling R-value ______
Opaque walls R-value ______
Floors over unheated spaces R-value ______
Floors over outside air R-value ______
Foundation type:
Slab-on-grade ______
Crawlspace ______
Basement and percent of basement walls underground
(2) Thermal properties of windows and doors for each of the following:
Entry door(s) R-value ______
Sliding door(s) R-value ______
Other exterior doors R-value ______
Garage to house door R-value ______
Window U-value (determined from NFRC rating label or default table)
______
(3) HVAC equipment efficiency levels:
Heating systems:
Gas fired forced air furnace AFUE rating ______
Electric heat pump HSPF rating ______
Air conditioning systems:
Electric unit SEER rating ______
Electric heat pump EER rating ______
Ground source heat pump EER rating ______
Duct insulation levels: Insulation R-value of ducts outside envelope ______
Thermostat:
Manual control type ______
April 11, 1997 667
Automatic set-back type ______
(4) Water heating efficiency levels:
Water heater fuel type ______
Water heater capacity ______
NAECA energy factor ______''
(b) If a structure is subject to both the national manufactured housing
construction and safety standards act (42 U.S.C. 5403) and the federal trade
commission regulation on la beling and advertising of home insulation, 16 CFR
section 460.16, both as in effect on the effective date of this act, the
builder or seller may disclose, instead of the information required by
subsection (a), the information regarding such structure that is required to
be disclosed pursuant to such federal act and regulation.
Sec. 19. On and after July 1, 1997, K.S.A. 1996 Supp. 66-117 is hereby
amended to read as follows: 66-117. (a) Unless the state corporation
commission otherwise orders, no common carrier or public utility over which
the commission has control shall make effective any changed rate, joint rate,
toll, charge or classification or schedule of charges, or any rule or
regulation or practice pertaining to the service or rates of such public
utility or common carrier except by filing the same with the commission at
least 30 days prior to the proposed effective date. The commission, for good
cause, may allow such changed rate, joint rate, toll, charge or
classification or schedule of charges, or rule or regulation or practice per
taining to the service or rates of any such public utility or common carrier
to become effective on less than 30 days' notice. If the commission allows a
change to become effective on less than 30 days' notice, the effective date
of the allowed change shall be the date established in the commission order
approving such change, or the date of the order if no effective date is
otherwise established. Any such proposed change shall be shown by filing with
the state corporation commission a schedule showing the changes, and such
changes shall be plainly indicated by proper reference marks in amendments or
supplements to existing tariffs, schedules or classifications, or in new
issues thereof.
(b) Whenever any common carrier or public utility governed by the
provisions of this act files with the state corporation commission a schedule
showing the changes desired to be made and put in force by such public
utility or common carrier, the commission either upon complaint or upon its
own motion, may give notice and hold a hearing upon such proposed changes.
Pending such hearing, the commission may suspend the operation of such
schedule and defer the effective date of such change in rate, joint rate,
toll, charge or classification or schedule of charges, or any rule or
regulation or practice pertaining to the service or rates of any such public
utility or common carrier by delivering to such public utility or common
carrier a statement in writing of its reasons for such suspension.
(c) The commission shall not delay the effective date of the
proposed change in rate, joint rate, toll, charge or classification or
schedule of charges, or in any rule or regulation or practice pertaining to
the service or rates of any such public utility or common carrier, more than
240 days beyond the date the public utility or common carrier filed its
application requesting the proposed change. If the commission does not
suspend the proposed schedule within 30 days of the date the same is filed by
the public utility or common carrier, such proposed schedule shall be deemed
approved by the commission and shall take effect on the proposed effective
date. If the commission has not issued a final order on the proposed change
in any rate, joint rate, toll, charge or classification or schedule of
charges, or any rule or regulation or practice pertaining to the service or
rates of any such public utility or common carrier, within 240 days after the
carrier or utility files its application requesting the proposed change, then
the schedule shall be deemed approved by the commission and the proposed
change shall be effective immediately, except that (1) for purposes of the
foregoing provisions regarding the period of time within which the commission
shall act on an application, any amendment to an application for a proposed
change in any rate, which increases the amount sought by the public utility
or common carrier or substantially alters the facts used as a basis for such
requested change of rate, shall, at the option of the commission, be deemed a
new application and the 240-day period shall begin again from the date of the
filing of the amendment, and (2) if hearings are in process before the
commission on a proposed change requested by the public utility or common
carrier on the
668 JOURNAL OF THE SENATE
last day of such 240-day period, such period shall be extended to the end of
such hearings plus 20 days to allow the commission to prepare and issue its
final order, and, (3) nothing in this subsection shall preclude the public
utility or common carrier and the commission from agreeing to a waiver or an
extension of the 240-day period.
(c) (d) Except as provided in subsection (b) (c),
no change shall be made in any rate, toll, charge, classification or schedule
of charges or joint rates, or in any rule or regulation or practice
pertaining to the service or rates of any such public utility or common
carrier, without the consent of the commission. Within 30 days after such
changes have been au thorized by the state corporation commission or become
effective as provided in subsection (b) (c), copies of all
tariffs, schedules and classifications, and all rules and regulations, except
those determined to be confidential under rules and regulations adopted by
the commission, shall be filed in every station, office or depot of every
such public utility and every common carrier in this state, for public
inspection.
(d) (e) Upon a showing by a public utility before the state
corporation commission at a public hearing and a finding by the commission
that such utility has invested in projects or systems that can be reasonably
expected (1) to produce energy from a renewable resource other than nuclear
for the use of its customers, (2) to cause the conservation of energy used by
its customers, or (3) to bring about the more efficient use of energy by its
customers, the commission may allow a return on such investment equal to an
increment of from 1/2% to 2% plus an amount equal to the rate of return fixed
for the utility's other investment in property found by the commission to be
used or required to be used in its services to the public. The commission may
also allow such higher rate of return on investments by a public utility in
experimental projects, such as load management devices, which it determines
after public hearing to be reasonably designed to cause more efficient
utilization of energy and in energy conservation programs or measures which
it determines after public hearing pro vides a reduction in energy usage by
its customers in a cost-effective manner.
(e) (f) Whenever, after the effective date of this act, an
electric public utility, a natural gas public utility or a combination
thereof, files tariffs reflecting a surcharge on the utility's bills for
utility service designed to collect the annual increase in expense charged on
its books and records for ad valorem taxes, such utility shall report
annually to the state cor poration commission the changes in expense charged
for ad valorem taxes. For purposes of this section, such amounts charged to
expense on the books and records of the utility may be estimated once the
total property tax payment is known. If found necessary by the commission or
the utility, the utility shall file tariffs which reflect the change as a
revision to the surcharge. Upon a showing that the surcharge is applied to
bills in a reasonable manner and is calculated to substantially collect the
increase in ad valorem tax expense charged on the books and records of the
utility, or reduce any existing surcharge based upon a decrease in ad valorem
tax expense incurred on the books and records of the utility, the commission
shall approve such tariffs within 30 days of the filing. Any over or under
col lection of the actual ad valorem tax increase charged to expense on the
books of the utility shall be either credited or collected through the
surcharge in subsequent periods. The establishment of a surcharge under this
section shall not be deemed to be a rate increase for purposes of this act.
The net effect of any surcharges established under this section shall be
included by the commission in the establishment of base rates in any
subsequent rate case filed by the utility.
(f) (g) Except as to the time limits prescribed in subsection
(b) (c), proceedings under this section shall be conducted in
accordance with the provisions of the Kansas administra tive procedure act.
Sec. 20. On and after July 1, 1997, K.S.A. 1996 Supp. 55-150 is hereby
amended to read as follows: 55-150. As used in this act unless the context
requires a different meaning:
(a) ``Commission'' means the state corporation commission.
(b) ``Contractor'' means any person who acts as agent for an operator as a
drilling, plugging, service rig or seismograph contractor in such operator's
oil and gas, cathodic protection, gas gathering or underground natural gas
storage operations.
(c) ``Fresh water'' means water containing not more than 1,000 milligrams
per liter, total dissolved solids.
April 11, 1997 669
(d) ``Gas gathering system'' means a natural gas pipeline system used
primarily for trans porting natural gas from a wellhead, or a metering point
for natural gas produced by one or more wells, to a point of entry into a
main transmission line, but shall not mean or include: (1) the gathering
of natural gas produced from wells owned and operated by the gatherer and
where the gathering system is used exclusively for its own private purposes;
(2) Lead lines from the wellhead to the connection with the gathering
system which are owned by the producing entity person; and (3)
(2) gathering systems used exclusively for injection and
withdrawal from natural gas storage fields under the jurisdiction of
the federal energy reg ulatory commission.
(e) ``Operator'' means a person who is responsible for the physical
operation and control of a well, gas gathering system or underground natural
gas storage facility.
(f) ``Person'' means any natural person, partnership, governmental or
political subdivi sion, firm, association, corporation or other legal entity.
(g) ``Rig'' means any crane machine used for drilling or plugging wells.
(h) ``Usable water'' means water containing not more than 10,000
milligrams per liter, total dissolved solids.
(i) ``Well'' means a hole drilled or recompleted for the purpose of:
(1) Producing oil or gas;
(2) injecting fluid, air or gas in the ground in connection with the
exploration for or production of oil or gas;
(3) obtaining geological information in connection with the exploration
for or production of oil or gas by taking cores or through seismic
operations;
(4) disposing of fluids produced in connection with the exploration for or
production of oil or gas;
(5) providing cathodic protection to prevent corrosion to lines; or
(6) injecting or withdrawing natural gas.
New Sec. 21. On and after July 1, 1997, the term ``public utility'' as
used in K.S.A. 66104, and amendments thereto, and the term ``common
carriers'' as used in K.S.A. 66-105, and amendments thereto, shall not
include any gas gathering system, as defined in K.S.A. 55-150, and amendments
thereto.
New Sec. 22. (a) As used in sections 22 through 30:
(1) ``Gas gathering services'' means the gathering or preparation of
natural gas for trans portation, whether such services are performed for hire
or in connection with the purchase of natural gas by the person gathering or
preparing the gas or a marketer affiliated with the person gathering or
preparing the gas. ``Gas gathering services'' does not include the gath ering
of natural gas by an owner or operator of gathering facilities who: (A) Does
not hold such facilities out for hire on or after the effective date of this
act; or (B) does not purchase the gas for resale.
(2) Other terms have the meanings provided by K.S.A. 55-150, and
amendments thereto.
(b) The provisions of sections 22 through 30 shall be part of and
supplemental to chapter 55 of the Kansas Statutes Annotated.
(c) This section shall take effect and be in force on and after July 1,
1997.
New Sec. 23. (a) Each person offering gas gathering services in this state
shall file with the commission copies of: (1) Rates paid for natural gas
purchased at the wellhead by the person offering gas gathering services; (2)
all rates charged for gas gathering services offered by such person; and (3)
such data related to the characteristics of the gas purchased or gathered by
the person offering gas gathering services and such information regarding the
terms and duration of the contract as the commission determines necessary.
The commission shall adopt rules and regulations prescribing the form and
times of filing of such rates, data and information. The commission shall not
be required to analyze, publish or disseminate such rates, data and
information except to the extent otherwise required by law.
(b) Upon notice and an opportunity to be heard in accordance with the
provisions of the Kansas administrative procedure act, the commission may
impose an administrative fine on any person for failure to file any rate,
data or information as required by this section and rules and regulations of
the commission. Such fine shall not exceed $10,000 for each day
670 JOURNAL OF THE SENATE
the rate, data or information remains unfiled as required or an aggregate
amount of $250,000, whichever is less.
(c) Rates, data and information filed pursuant to this section shall not
be used by the commission to order a change in any rate except in a
proceeding pursuant to section 25.
(d) Rates, data and information filed pursuant to this section shall not
be subject to K.S.A. 66-1220a, and amendments thereto.
(e) This section shall take effect and be in force on and after July 1,
1997.
New Sec. 24. (a) Persons offering gas gathering services in this state, or
facilities es sential to provision of such services, shall provide, in a
manner that is just, reasonable, not unjustly discriminatory and not unduly
preferential, access to any person seeking such serv ices or facilities.
(b) Persons performing gas gathering services shall engage in practices in
connection with such services, and charge fees for such services, that are
just, reasonable, not unjustly discriminatory and not unduly preferential.
(c) This section shall take effect and be in force on and after July 1,
1997.
New Sec. 25. (a) The commission, in its discretion, may at any time review
a fee, term or practice being used by a person offering gas gathering
services to ascertain whether a violation of section 24 has occurred. Upon
such review, the commission may initiate a proceeding to determine whether a
violation of section 24 has occurred. Upon notice and an opportunity for
hearing in accordance with the Kansas administrative procedure act, the
commission shall have authority to order the remediation of any violation of
section 24 that the commission finds has occurred.
(b) Any consumer of gas gathering services, any person seeking direct
purchase of nat ural gas at the wellhead or any royalty owner, may request
the commission to investigate and initiate proceedings to review a fee, term
or practice being used by a person offering gas gathering services. As a
condition to formal commission action, the person requesting commission
action must first file a complaint that includes:
(1) A statement that the complainant has presented the complaint, in
writing, to the person offering gas gathering services and included a request
for a meeting with such person to discuss the matter;
(2) a copy of the document described in subsection (b)(1);
(3) a statement that the requested meeting took place or the person
offering gas gath ering services refused to meet with the complainant;
(4) detailed factual statement indicating how the fee, term or practice
violates section 24;
(5) a statement of the precise remedy being requested that will make the
fee, term or practice consistent with the provisions of section 24;
(6) if the complainant is a producer of natural gas, a copy of the
analysis of the com plainant's natural gas, including the nitrogen, carbon
dioxide, hydrogen sulfide, water and other contaminant content; the amount of
volume; and the amount of pressure at the well head; and
(7) if available, a map showing the location of the affected wells and all
gas gathering systems in the area.
(c) The commission may resolve the complaint by use of an informal
procedure estab lished by the commission pursuant to rules and regulations
adopted by the commission or the commission may conduct a formal hearing and
take evidence as necessary to determine the merits of the complaint. If the
commission uses an informal procedure and the complaint is not resolved
within 60 days after the complaint is filed, the commission shall conduct a
formal hearing on the complaint. The hearing shall be conducted and notice
given in ac cordance with the Kansas administrative procedure act. Upon such
hearing, the commission shall have authority to order the remediation of any
violations of section 24, to the extent necessary for remediation as to the
aggrieved person with respect to the particular violation.
(d) In evaluating a fee or term, or in establishing a reasonable fee or
term, the com mission is not required to engage in cost-of-service ratemaking
or any other form of rate making. Instead, the commission can employ any form
of analysis and remedy that is de signed to accomplish the goals of this act
while respecting the legitimate property interests of the person offering the
gas gathering services.
April 11, 1997 671
(e) Any natural gas producer using the gas gathering facilities of a
person engaged in activities described in subsection (a)(1)(A) or (B) of
section 22 may request the commission to investigate and initiate proceedings
to review the fees, terms and practices of the person engaged in such
activities. The commission shall conduct such investigation and proceeding in
the same manner as provided by this section for complaints filed pursuant to
subsection (b) and may order the remediation of any violation of subsection
(b) of section 24 that the commission finds would exist except for the
exemption provided by subsection (a)(1)(A) or (B) of section 22.
(f) The commission shall maintain a publicized telephone number to
facilitate the filing of informal complaints pursuant to subsection (b) or
(e).
(g) The commission shall adopt such rules and regulations as the
commission determines reasonably necessary to prevent abuse of the complaint
procedure provided for by this section. Such rules and regulations shall
include provisions to prevent delay of the proceed ings that may damage a
party's ability to pursue or defend the complaint.
New Sec. 26. (a) The commission may adopt such rules and regulations as
the com mission determines necessary to improve access to gas gathering
services or to improve market competition or protect the public interest in
such services.
(b) This section shall take effect and be in force on and after July 1,
1997.
New Sec. 27. (a) The commission may exempt natural gas sold directly to a
consumer from the wellhead before the gas enters a gathering system from rate
averaging or pricing systems that apply to gas sold from a gas gathering
system.
(b) This section shall take effect and be in force on and after July 1,
1997.
New Sec. 28. (a) In any retail natural gas service area where the
commission has granted a certificate of convenience and necessity to sell
natural gas at retail from a gas gathering system, the commission may issue
other certificates of convenience and necessity to make such sales in such
area. A person purchasing natural gas or gas gathering services from a person
offering gas gathering services in a retail natural gas service area where
the com mission has issued more than one certificate of convenience and
necessity shall not be assessed an exit fee for electing to purchase natural
gas or gas gathering services from another person offering gas gathering
services.
(b) This section shall take effect and be in force on and after July 1,
1997.
New Sec. 29. (a) Nothing in sections 22 through 28 shall be construed, or
authorize the commission, to amend any contractual obligations between the
person offering gas gathering services and the complainant unless the
commission determines, after investiga tion, notice and hearing, that such
contractual obligations are unjust, unreasonable, unjustly discriminatory or
unduly preferential and adversely impact the public welfare.
(b) This section shall take effect and be in force on and after July 1,
1997.
New Sec. 30. If a public utility providing service from a gas gathering
system deter mines that such utility lacks sufficient services or facilities
to serve the needs of any person wishing to utilize such utility's services
within such utility's certificated service area during any calendar year,
such utility, not later than November 1 preceding the beginning of such
calendar year, shall give notice thereof to the commission and to each person
that such utility determines it will be unable to serve.
New Sec. 31. If any provisions of this act or the application of this act
to any person or circumstances is held invalid, the invalidity does not
affect other provisions or applications of this act that can be given effect
without the invalid provisions or application. To this end the provisions of
this act are severable.
Sec. 32. K.S.A. 66-131a is hereby repealed.'';
Also on page 5, by renumbering sections 5 and 6 as sections 33 and 34; in
line 24, by striking the first ``K.S.A.'' and inserting ``On and after July
1, 1997, K.S.A. 66-1,191, 661,234,''; in line 25, by striking ``66-118b'' and
inserting ``55-150, 66-101d, 66-101e, 66-117, 6-118b, 66-125, 66-1,192,
66-1,204, 66-1,205, 66-1,219, 66-1,220, 66-1,235''; in line 27, by striking
``statute book'' and inserting ``Kansas register'';
In the title, in line 12, by striking ``relating to'' and inserting
``powers and duties;''; in line 13, by striking all after ``expenses''; in
line 14, by striking ``cerning'' and inserting a semicolon; also in line 14,
after the semicolon by inserting: ``granting of exemptions from certain
filing requirements; issuance of certain certificates; duties and authority
relating to energy effi
672 JOURNAL OF THE SENATE
ciency standards for buildings; changes in rates and schedules of public
utilities and common carriers; regulation of natural gas gathering systems
and services;''; also in line 14, after ``K.S.A.'' by inserting ``66-1,191,
66-1,234,''; in line 15, by striking ``66-118b'' and inserting ``55-150,
66-101d, 66-101e, 66-117, 66-118b, 66-125, 66-1,192, 66-1,204, 66-1,205,
661,219, 66-1,220, 66-1,235''; in line 16, after ``sections'' by inserting
``; also repealing K.S.A. 66-131a'';
And your committee on conference recommends the adoption of this report.
Don Myers
Tom Sloan
Dennis McKinney Conferees on part of House Pat Ranson
Alicia Salisbury
Jim Barone Conferees on part of Senate Senator Ranson moved the Senate
adopt the Conference Committee report on SB 333.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
The Conference Committee report was adopted.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Vidricksen introduced the following Senate resolution, which was
read:
SENATE RESOLUTION No. 1858--
By Senator Vidricksen
A RESOLUTION congratulating and commending the establishment of the
Kansas Auto Racing Museum.
WHEREAS, The City of Chapman has agreed to purchase a 20 acre parcel of
real estate for the newly developed Chapman Industrial Park and to sell 10 of
the acres to DT, Inc. for the development of the Kansas Auto Racing Museum.
Kansas Travel and Tourism has awarded approximately $34,000 to the City of
Chapman to assist in the development of the museum. The first phase of the
project will consist of the construction of the main museum building to
display the proud, rich auto racing tradition of our state; and
WHEREAS, The National Hot Rod Association (N.H.R.A.) was born in Great
Bend, Kansas, in the 50's and has developed into the major sanctioning body
for drag racing events worldwide. The winner of the first NASCAR race ever
held was from Kansas. Jim Roper, then of Wichita, won the first NASCAR race
ever held in June, 1949, at Charlotte Motor Speedway. The mini-stock class
that now races nationwide was born in Kansas in the early 80's. Many racing
notables have honed their racing skills at tracks in Kansas; and
WHEREAS, Construction on the museum facility is scheduled to begin during
the sum mer of 1997 with the museum open to the public in late July 1998. The
museum will also trace the history of auto racing in Kansas and the
contributions Kansans have made to racing at the national level. The museum
will be open year-round and located approximately 300 yards from I-70 at the
Chapman exit; and
WHEREAS, In addition to museum exhibits the museum complex will also
contain its own studio for the production and development of a weekly auto
racing show entitled ``Finish Line.'' ``Finish Line'' will provide racing
results, highlights, interviews, track facts, human interest stories,
business stories and racing related matters throughout Kansas on a weekly
basis; and
WHEREAS, The City of Chapman and DT, Inc. anticipate the museum will become
a major tourist attraction to central Kansas to display the proud racing
history of our state, promote Kansas tracks and the auto racing industry in
our state: Now, therefore,
April 11, 1997 673
Be it resolved by the Senate of the State of Kansas: That we
congratulate and commend the City of Chapman and Doug and Connie Thompson,
owners of DT, Inc., upon the establishment of the Kansas Auto Racing Museum;
and
Be it further resolved: That the Secretary of the Senate be directed
to provide an en rolled copy of this resolution to Doug Thompson, 406 NW 3rd,
P.O. Box 473, Abilene, KS 67410; Chapman City Commission, 402 N. Marshall,
Chapman, KS 67431; Chapman Ad vertiser, 437 N. Marshall, Chapman, KS 67431;
Dickinson County Commission, Dickinson County Courthouse, Abilene, KS 67410
and Abilene Reflector Chronicle, 403 N. Broadway, Abilene, KS 67410.
On emergency motion of Senator Vidricksen SR 1858 was adopted
unanimously.
MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on SB
22.
The House adopts the conference committee report on SB 51.
The House adopts the conference committee report on SB 162.
The House adopts the conference committee report on SB 197.
The House not adopts the conference committee report on SB 164,
requests a conference and appoints Representatives Mayans, Morrison and Henry
as second conferees on the part of the House.
ORIGINAL MOTION
On motion of Senator Praeger, the Senate acceded to the request of the
House for a conference on SB 164.
The President appointed Senators Praeger, Salmans and Steineger as
second conferees on the part of the Senate on SB 164.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House
amendments to SB 22, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
On page 5, by striking all in lines 32 through 43;
On page 6, by striking all in lines 1 through 28; in line 29, by striking
``19-430 and K.S.A.''; also, in line 29, by striking ``are'' and inserting
``is'';
By renumbering existing sections accordingly;
In the title, in line 15, by striking all after the semicolon; in line 16,
by striking all before ``amending''; also, in line 16, by striking ``19-430
and K.S.A.''; in line 17, by striking ``sections'' and inserting ``section'';
And your committee on conference recommends the adoption of this report.
Audrey Langworthy
David R. Corbin
Janis K. Lee Conferees on part of House Phill Kline
Tony Powell
Bruce Larkin Conferees on part of Senate Senator Langworthy moved the
Senate adopt the Conference Committee report on SB 22.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
674 JOURNAL OF THE SENATE
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 51, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House on
Final Action amend ments, as follows:
On page 1, in line 41, by striking all after ``thereto''; by striking all
in line 42 and inserting ``, determined without regard to the provisions of
K.S.A. 79-32,139, and amendments thereto, and the provisions of paragraph
(xiv) of subsection (c) of K.S.A. 79-32,117, and amendments thereto,'';
On page 5, by striking all in lines 33 through 43;
By striking all on pages 6 and 7;
On page 8, by striking all in lines 1 through 20 and inserting the
following:
``Sec. 3. K.S.A. 1996 Supp. 79-32,175 is hereby amended to read as
follows: 79-32,175. As used in this act:
(a) ``Accessible to individuals with a disability'' means in conformance
with Title I and Title III of the Americans with disabilities act of 1990, 42
USCA 12101 et seq. and 28 CFR Part 36 and 29 CFR 1630 et seq.
(b) ``Facility'' means facility as such term is defined in 28 CFR Part
36.104, but shall not mean new construction or any addition made to an
existing facility except with regard to a facility described by K.S.A.
79-32,176, and amendments thereto.
(c) ``Expenditures for the purpose of making all or any portion of an
existing facility accessible to individuals with a disability'' includes only
those expenditures specifically at tributable to the: (1) Removal or
equivalent facilitation of an existing architectural barrier, when removal or
equivalent facilitation is for the purpose of making an existing facility
accessible to individuals with a disability; or (2) new construction of a
facility described by K.S.A. 79-32,176, and amendments thereto which will
facilitate its accessibility to individuals with a disability. Such term
shall not include any part of any expense paid or incurred in connection with
the new construction or substantial alteration of a facility, except with
regard to a facility described by K.S.A. 79-32,176, or the normal
replacement of depreciable prop erty.
(d) ``Expenditures for the purpose of making all or any portion of an
existing facility or of equipment usable for the employment of persons with a
disability'' includes only those expenditures specifically attributable to
the modification or adaptation of an existing facility or of equipment, which
modification or adaptation is for the purpose of employing individ uals with
a disability.
Sec. 4. K.S.A. 79-1109 and K.S.A. 1996 Supp. 79-32,117 and 79-32,175 are
hereby repealed.'';
By renumbering existing section 6 as section 5;
In the title, by striking all in line 17; in line 18, by striking all
before ``amending''; in line 19, by striking ``, 79-3235 and 79-3617''; in
line 20, before ``and'' by inserting ``and 7932,175'';
And your committee on conference recommends the adoption of this report.
Audrey Langworthy
David R. Corbin
Janis K. Lee Conferees on part of House Phill Kline
Tony Powell
Bruce Larkin Conferees on part of Senate Senator Corbin moved the Senate
adopt the Conference Committee report on SB 51.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
April 11, 1997 675
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy,
Lawrence, Lee, Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury,
Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 162, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee amendments, as follows:
On page 3, in line 18, after the period, by inserting ``In the event any
such property which has been exempted pursuant to the preceding sentence is
not used for religious purposes prior to its conveyance which results in its
use for nonreligious purposes, there shall be a recoupment of property taxes
in an amount equal to the tax which would have been levied upon such property
except for such exemption for all taxable years for which such exemption was
in effect. Such recoupment tax shall become due and payable in such year as
provided by K.S.A. 79-2004, and amendments thereto. A lien for such taxes
shall attach to the real property subject to the same on November 1 in the
year such taxes become due and all such taxes remaining due and unpaid after
the date prescribed for the payment thereof shall be collected in the manner
provided by law for the collection of delinquent taxes. Moneys collected from
the recoupment tax hereunder shall be credited by the county treasurer to the
several taxing subdivisions within which such real property is located in the
proportion that the total tangible property tax levies made in the preceding
year for each such taxing subdivision bear to the total of all such levies
made in that year by all such taxing subdivisions. Such moneys shall be
credited to the general fund of the taxing subdivision or if such taxing
subdivision is making no property tax levy for the support of a general fund
such moneys may be credited to any other tangible property tax fund of
general application of such subdivision.'';
And your committee on conference recommends the adoption of this report.
Phill Kline
Tony Powell
Bruce Larkin Conferees on part of House Audrey Langworthy
David R. Corbin
Janis K. Lee Conferees on part of Senate Senator Langworthy moved the
Senate adopt the Conference Committee report on SB 162.
On roll call, the vote was: Yeas 32, nays 8, present and passing 0; absent
or not voting 0.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan,
Downey, Fe leciano, Gilstrap, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Praeger, Pugh,
Salmans, Schraad, Steffes, Stei neger, Tyson, Umbarger, Vidricksen.
Nays: Biggs, Emert, Gooch, Goodwin, Oleen, Petty, Ranson, Salisbury.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 197, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
676 JOURNAL OF THE SENATE
On page 7, in line 7, by striking ``one-to-one'' and inserting
``two-to-one'';
On page 10, following line 3, by inserting the following:
``New Sec. 4. (a) For the purpose of the pharmacy act of the state of
Kansas, the fol lowing persons shall be deemed to be engaged in the practice
of pharmacy:
(1) Persons who publicly profess to be a pharmacist, or publicly profess
to assume the duties incident to being a pharmacist and their knowledge of
drugs or drug actions, or both;
(2) persons who attach to their name any words or abbreviation indicating
that they are a pharmacist licensed to practice pharmacy in Kansas.
(b) ``Practice of pharmacy'' means the interpretation and evaluation of
prescription or ders; the compounding, dispensing and labeling of drugs and
devices pursuant to prescrip tion orders; the participation in drug selection
according to state law and participation in drug utilization reviews; the
proper and safe storage of prescription drugs and prescription devices and
the maintenance of proper records thereof in accordance with law;
consultation with patients and other health care practitioners about the safe
and effective use of pre scription drugs and prescription devices; and
participation in the offering or performing of those acts, services,
operations or transactions necessary in the conduct, operation, man agement
and control of a pharmacy. Nothing in this subsection shall be construed to
add any additional requirements for registration or for a permit under the
pharmacy act of the state of Kansas or for approval under subsection (g) of
K.S.A. 65-1643 and amendments thereto, or to prevent persons other than
pharmacists from engaging in drug utilization review, or to require persons
lawfully in possession of prescription drugs or prescription devices to meet
any storage or record keeping requirements except such storage and record
keeping requirements as may be otherwise provided by law or to affect any
person consulting with a health care practitioner about the safe and
effective use of prescription drugs or prescription devices.'';
On page 1, in the title, in line 16, before ``amending'' by inserting
``persons engaged in the practice of pharmacy;'';
And your committee on conference recommends the adoption of this report.
Carlos Mayans
Jim Morrison
Jerry Henry Conferees on part of House Sandy Praeger
Larry D. Salmans
Chris Steineger Conferees on part of Senate Senator Praeger moved the
Senate adopt the Conference Committee report on SB 197.
On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent
or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Feleciano, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huelskamp, Jones, Jor dan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Petty, Praeger, Pugh, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger, Vidricksen.
Nays: Emert, Gilstrap, Oleen, Ranson, Salisbury.
The Conference Committee report was adopted.
REPORT ON ENGROSSED BILLSSB 131; Sub SB 332 reported correctly engrossed April 11, 1997.
Also SB 166 correctly re-engrossed April 11, 1997.
REPORT ON ENROLLED BILLSSR 1852, 1853 reported correctly enrolled, properly signed and
presented to the Sec retary of the Senate on April 11, 1997.
REPORTS OF STANDING COMMITTEES
Committee on Public Health and Welfare recommends HB 2278, as
amended by House Committee of the Whole, be amended on page 1, in line 25, by
striking ``No'' and inserting ``On and after July 1, 1998, no''; in line 26,
by striking all after ``works''; by striking all in lines 27 and 28; in line
29, by striking all before ``any''; in line 30, by striking ``against
persons, (B)''; in line 31, by striking ``has''; in line 32, by striking ``a
conviction of any act''; in line 36, by striking ``(C)'' and inserting
``(B)'';
April 11, 1997 677
On page 2, in line 33, by striking ``court orders or''; by striking all in
line 34; in line 35, by striking ``dications,''; in line 38, by striking
``or''; in line 39, by striking ``court of this state'';
On page 3, in line 1, by striking ``or court of this state''; in line 2, by
striking ``or regularly volunteering''; in line 13, by striking all after
``works''; by striking all in line 14; in line 15, by striking all before
``in''; in line 16, by striking all after ``employment''; by striking all in
line 17; in line 18, by striking all before ``by''; in line 33, before ``No''
by inserting ``For the purpose of complying with this section, a person who
operates an adult care home may hire an applicant for employment on a
conditional basis pending the results from the department of health and
environment of a request for information under this subsection.''; also in
line 33, by striking ``operator of an''; in line 34, before ``employees'' by
inserting ``operator or''; in line 36, by striking all after ``damages''; in
line 37, by striking all before ``such'' and inserting ``resulting from any
decision to employ, to refuse to employ or to discharge from employment any
person based on''; also in line 37, by striking ``operator's'' and inserting
``adult care home's''; in line 38, by striking ``operator'' and inserting
``adult care home'';
On page 4, in line 6, by striking ``of $5'' and inserting ``equal to cost,
not to exceed $10,''; in line 17, by striking all after ``activity''; by
striking all in lines 18 through 20; in line 21, by striking all before the
period; following line 21, by inserting the following:
``(i) No person who has been employed by the same adult care home for five
consecutive years immediately prior to the effective date of this act shall
be subject to the provisions of this section while employed by such adult
care home.
(j) The operator of an adult care home shall not be required under this
section to conduct a background check on an applicant for employment with the
adult care home if the applicant has been the subject of a background check
under this act within one year prior to the application for employment with
the adult care home.'';
Also on page 4, in line 22, by striking ``(i)'' and inserting ``(k)''; in
line 24, by striking ``No'' and inserting ``On and after July 1, 1998, no'';
in line 25, by striking all after ``works''; by striking all in lines 26
through 28; in line 29, by striking ``health agency''; in line 30, by
striking ``against persons, (B)''; in line 31, by striking ``has''; in line
32, by striking all before ``which''; in line 36, by striking ``(C)'' and
inserting ``(B)'';
On page 5, in line 33, by striking all after ``any''; by striking all in
line 34; in line 35, by striking ``dications,'';
On page 6, in line 1, by striking ``or court of this state''; in line 2, by
striking ``or regularly volunteering''; in line 12, by striking all after
``agency''; by striking all in lines 13 and 14; in line 15, by striking all
before ``or''; by striking all in lines 16 and 17; in line 18, by striking
all before ``by''; in line 28, before ``No'' by inserting ``For the purpose
of complying with this section, a person who operates a home health agency
may hire an applicant for em ployment on a conditional basis pending the
results from the department of health and environment of a request for
information under this subsection.''; also in line 28, by striking ``operator
of a''; in line 29, before ``employees'' by inserting ``operator or''; in
line 32, by striking all after ``damages''; in line 33, by striking all
before ``such'' and inserting ``resulting from any decision to employ, to
refuse to employ or to discharge from employment any person based on''; also
in line 33, by striking ``operator's'' and inserting ``home health agen
cy's''; in line 34, by striking ``operator'' and inserting ``home health
agency'';
On page 7, in line 2, by striking ``of $5'' and inserting ``equal to cost,
not to exceed $10,''; in line 14, by striking ``unless''; by striking all in
lines 15 through 18; in line 19, by striking all before the period; following
line 19, by inserting the following:
``(i) No person who has been employed by the same home health agency for
five con secutive years immediately prior to the effective date of this act
shall be subject to the requirements of this section while employed by such
adult care home.
(j) The operator of a home health agency shall not be required under this
section to conduct a background check on an applicant for employment with the
home health agency if the applicant has been the subject of a background
check under this act within one year prior to the application for employment
with the home health agency.'';
Also on page 7, in line 20, by striking ``(i)'' and inserting ``(k)'';
following line 22, by inserting the following:
``New Sec. 3. The secretary of health and environment shall provide for
the implemen tation of the processing of information requested from the
department of health and envi
678 JOURNAL OF THE SENATE
ronment on an incremental basis. This implementation shall be completed so
that adult care homes and home health agencies may receive information
required under this act no later than July 1, 1998.;
New Sec. 4. (a) A community service provider as defined in K.S.A. 1996
Supp. 39-1803 and amendments thereto, a mental health center as defined in
K.S.A. 65-4432 and amend ments thereto and an independent living agency as
defined in K.S.A. 65-5101 and amend ments thereto may request for the purpose
of obtaining background information on applicants for employment with such
entity information:
(1) From the department of social and rehabilitation services as to
whether such appli cant has committed an act of physical, mental or emotional
abuse or neglect or sexual abuse as validated by the department of social and
rehabilitation services pursuant to K.S.A. 381523 and amendments thereto;
(2) from the department of social and rehabilitation services as to
whether such appli cant has been found to have committed an act of abuse,
neglect or exploitation of a resident as contained in the register of reports
under K.S.A. 39-1404 and amendments thereto or an act of abuse, neglect or
exploitation of an adult as contained in the register of reports under K.S.A.
39-1434 and amendments thereto;
(3) from the department of health and environment as to whether such
applicant has been found to have committed an act of abuse, neglect or
exploitation of a resident as contained in the register of reports under
K.S.A. 39-1411 and amendments thereto;
(4) from the department of health and environment any information
concerning the applicant in the state registry which contains information
about unlicensed employees of adult care homes under K.S.A. 39-936 and
amendments thereto.
Sec. 5. K.S.A. 39-1404 is hereby amended to read as follows: 39-1404. (a)
The depart ment of social and rehabilitation services or the department of
health and environment upon receiving a report that a resident is being, or
has been, abused, neglected or exploited, or is in a condition which is the
result of such abuse, neglect or exploitation or is in need of protective
services, within 24 hours of receiving such report, shall initiate an
investigation, including a personal visit with the resident and, within two
weeks of receiving such report, shall complete the investigation to determine
if the resident is being or has been abused, neglected or exploited or is in
a condition which is a result of such abuse, neglect or ex ploitation. The
investigation shall include, but not be limited to, a visit to the named
resident and consultation with those individuals having knowledge of the
facts of the particular case. Upon completion of the investigation of each
case, written findings shall be prepared which shall include a finding of
whether there is or has been abuse, neglect or exploitation, rec ommended
action and a determination of whether protective services are needed. If it
appears that a crime has occurred, the appropriate law enforcement agency
shall be notified by the department investigating the report.
(b) The secretary of social and rehabilitation services shall maintain a
register of the reports received and investigated by the department of social
and rehabilitation services, the findings, evaluations and the actions
recommended. The register shall be available for inspection by personnel of
the department of social and rehabilitation services. The secretary of social
and rehabilitation services shall forward a copy of any report of abuse,
neglect or exploitation of a resident investigated by the department of
social and rehabilitation services to the secretary of health and environment
and, in the case of a report of abuse, neglect or exploitation of a resident
of an adult family home, to the secretary of aging.
(c) The report received by the department of social and rehabilitation
services and the written findings, evaluations and actions recommended shall
not be deemed a public record or be subject to the provisions of the open
records act. Except as otherwise provided in this section, or in section 4
and amendments thereto the name of the person making the original report
to the department of social and rehabilitation services or any person
mentioned in such report shall not be disclosed unless the person making the
original report specifically requests or agrees in writing to such disclosure
or unless a judicial proceeding results there from. Except as otherwise
provided in this section, no information contained in the register shall be
made available to the public in such a manner as to identify individuals.
(d) The secretary of social and rehabilitation services shall forward any
finding of abuse, neglect or exploitation alleged to be committed by a
provider of services licensed, registered
April 11, 1997 679
or otherwise authorized to provide services in this state to the appropriate
state authority which regulates such provider. The appropriate state
regulatory authority may consider the finding in any disciplinary action
taken with respect to the provider of services under the jurisdiction of such
authority.
(e) The department which investigates the report shall inform the
complainant, upon request of the complainant, that an investigation has been
made and, if the allegations of abuse, neglect or exploitation have been
substantiated, that corrective measures will be taken.
Sec. 6. K.S.A. 39-1411 is hereby amended to read as follows: 39-1411. (a)
The secretary of health and environment shall maintain a register of the
reports received and investigated by the department of health and environment
under K.S.A. 39-1402 and 39-1403, and amendments to such sections, and the
findings, evaluations and actions recommended by the department with respect
to such reports. The findings, evaluations and actions shall be subject to
such notice and appeals procedures as may be adopted by rules and regulations
of the secretary of health and environment, which rules and regulations shall
be consistent with any requirements of state or federal law relating thereto
except that the secretary shall not be required to conduct a hearing in cases
forwarded to the appropriate state authority under subsection (b). The
register shall be available for inspection by personnel of the department of
health and environment as specified by the secretary of health and environ
ment and to such other persons as may be required by federal law and
designated by the secretary of health and environment by rules and
regulations. Information from the register shall be provided as specified
in section 4 and amendments thereto. The secretary of health and
environment shall forward a copy of any report of abuse, neglect or
exploitation of a resident of an adult care home to the secretary of aging.
(b) The secretary of health and environment shall forward any finding of
abuse, neglect or exploitation alleged to be committed by a provider of
services licensed, registered or otherwise authorized to provide services in
this state to the appropriate state authority which regulates such provider.
The appropriate state regulatory authority, after notice to the al leged
perpetrator and a hearing on such matter if requested by the alleged
perpetrator, may consider the finding in any disciplinary action taken with
respect to the provider of services under the jurisdiction of such authority.
The secretary of health and environment may consider the finding of abuse,
neglect or exploitation in any licensing action taken with respect to any
adult care home or medical care facility under the jurisdiction of the
secretary.
(c) If the investigation of the department of health and environment
indicates reason to believe that the resident is in need of protective
services, that finding and all information relating to that finding shall be
forwarded by the secretary of health and environment to the secretary of
social and rehabilitation services.
(d) Except as otherwise provided in this section, the report received by
the department of health and environment and the written findings,
evaluations and actions recommended shall be confidential and shall not be
subject to the open records act. Except as otherwise provided in this
section, the name of the person making the original report to the department
of health and environment or any person mentioned in such report shall not be
disclosed unless such person specifically requests or agrees in writing to
such disclosure or unless a judicial or administrative proceeding results
therefrom. In the event that an administrative or judicial action arises, no
use of the information shall be made until the judge or presiding officer
makes a specific finding, in writing, after a hearing, that under all the
circumstances the need for the information outweighs the need for
confidentiality. Except as otherwise provided in this section, no information
contained in the register shall be made available to the public in such a
manner as to identify individuals.
Sec. 7. K.S.A. 39-1434 is hereby amended to read as follows: 39-1434. (a)
The secretary of social and rehabilitation services shall maintain a
statewide register of the reports, as sessments received and the analyses,
evaluations and the actions recommended. The register shall be available for
inspection by personnel of the department of social and rehabilitation
services and as provided in section 4 and amendments thereto.
(b) Neither the report, assessment or the written evaluation analysis
shall be deemed a public record or be subject to the provisions of the open
records act. The name of the person making the original report or any person
mentioned in such report shall not be
680 JOURNAL OF THE SENATE
disclosed unless the person making the original report specifically requests
or agrees in writing to such disclosure or unless a judicial proceeding
results therefrom. No information contained in the statewide register shall
be made available to the public in such a manner as to identify individuals.
Sec. 8. K.S.A. 39-1404, 39-1411 and 39-1434 are hereby repealed.'';
And by renumbering the remaining section accordingly;
On page 1, in the title, in line 19, after ``ACT'' by inserting
``concerning the background of certain persons for employment purposes;''; in
line 21, by striking ``on certain persons''; also in line 21, by striking all
after ``for''; in line 22, before the period, by inserting ``; employment
checks by community service providers, mental health centers and independent
living agencies; amending K.S.A. 39-1404, 39-1411 and 39-1434 and repealing
the existing sections''; and the bill be passed as amended.
MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on HB
2064.
The House adopts the conference committee report on HB 2105.
The House adopts the conference committee report on HB 2129.
On motion of Senator Emert the Senate adjourned until 10:00 a.m.,
Wednesday, April 30, 1997.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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